A/HRC/11/7
page 21
efforts to promote learning of the heritage language in host countries among migrant children
and children from a migrant background, as in the case of European Union Member States,
where this type of bilateral agreements are envisaged under Directive 77/486/CEE.
III. CONCLUSIONS AND RECOMMENDATIONS
81. The Special Rapporteur highlights the importance of an adequate legal framework
for the protection of the rights of all children in the context of migration, including through
ratification of relevant international human rights and other instruments and their
translation into national laws and policies, and wishes to make a number of
recommendations for further consideration and action.
Mainstreaming a child rights-approach to migration into national plans, programmes and
policies
82. All policies and programmes aimed at addressing the situation of children in the
context of migration should have a human rights-based approach and be based on
fundamental principles, such as the best interest of the child, non-discrimination and the
right of the child to be heard in all decisions that concern him or her.
83. States are encouraged to consider the impact of migration on children in the
elaboration and implementation of national development frameworks, poverty reduction
strategies, human rights plans of action,56 programmes and strategies for human rights
education and the advancement of the rights of the child. States are also encouraged to
adopt and develop programmes and policies to address significant gaps remaining in social
policies and other areas where the protection of the migrant child is yet to be
mainstreamed.
Protecting the most vulnerable
84. Effective protection of the human rights of the child should be ensured in States of
origin, transit and destination at every stage of the migration process and in all migration
management procedures.
85. States, especially those of transit and destination, should devote special attention to
the protection of undocumented, unaccompanied and separated children, as well as to the
protection of children seeking asylum and children victims of transnational organized
crime, including trafficking in persons, smuggling, sale of children, child pornography and
child prostitution.
86. States should also consider the specific vulnerability of the migrant girl child and the
gender impact of migration and human rights implications for girls and boys of any
migration-related planned action, including legislation, policies and programmes, and
address existing gaps in protection.
56
For guidance on national human rights plans, see the Handbook on National Human Rights
Plans of Action, 2002, available at the OHCHR website www.ohchr.org.