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action,148 policies and legal frameworks prohibiting child immigration detention,
expansion of pathways for entry and stay, including regularization programmes,
investing in inclusive child protection and social protection systems, scaling up
family-based care and comprehensive case management systems, improving
guardianship systems and family reunification processes, inclusion of all migrant
children in essential services, developing protocols for the consular assistance of
migrant children, return processes that respect child rights and adopting
measures to enable children’s views to be heard in migration processes. 149
57. However, serious gaps in the protection of child rights in migration contexts
put many children’s lives and futures at risk, despite almost universal
ratification of the Convention on the Rights of the Child and widespread
adoption of other relevant international human rights instruments and related
policy frameworks. While highlighting many of the pressing challenges, the
present report also identifies key issues for priority action, including two critical
areas warranting further consultation and immediate attention by the mandate
holder and Member States:
(a) Protection of family unity and family life, including facilitation of
family reunification;
(b)
Prevention of statelessness.
58. To strengthen the protection of child rights in migration contexts, the
Special Rapporteur urges States to:
(a) Harmonize laws, policies and practices affecting children in migration
contexts with the Convention on the Rights of the Child and its jurisprudence
and guidance, and other relevant human rights instruments;
(b) Give precedence to children’s best interests over migration
management objectives. States should establish robust, multi-disciplinary bestinterests procedures for children, ensuring that child protection agencies play a
leading role in identifying children’s best interests, for both unaccompanied and
separated children and children with family members;
(c) Conduct child rights impact assessments when considering laws,
policies or budgetary allocations that affect children in migration contexts and
evaluate the impact on children of their implementation. States are encouraged
to utilize tools, 150 adapted to their contexts, and to involve children and youth in
these processes;
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149
150
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See, for example, Association of Southeast Asian Nations, Declaration on the rights of children
in the context of migration (November 2019) and regional plan of action on implementing the
declaration.
United Nations Task Force on Children Deprived of Liberty, “End immigration detention of
children”; European Agency for Fundamental Rights, Guardianship Systems for Unaccompanied
Children in the European Union: Developments since 2014 (Publications Office of the European
Union, 2022); Council of Europe, Family Reunification for Refugee and Migrant Children:
Standards and Promising Practices (April 2020); United Nations Network on Migration,
Promising Practices in the Provision of Essential Services to Migrants (January 2022); UNICEF,
“Building on promising practices to protect children in migration across the European Union”
advocacy brief; United Nations Network on Migration, “Mapping gaps and positive practices for
safe and dignified return and sustainable reintegration” ( December 2021); and UNICEF, “Childsensitive return: A comparative analysis” (November 2019).
See, for example, European Union and UNICEF, Child Rights Toolkit ( 2014); and European
Network of Ombudspersons for Children, Common Framework of Reference on Child Rights
Impact Assessment (2020).
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