A/RES/71/177
Rights of the child
with their obligations under international law, including human rights law, and to
take timely and appropriate measures to prevent the separation of migrant children
from their parents or primary caregivers;
72. Calls upon countries of origin, transit and destination to facilitate family
reunification as an important objective in order to promote the welfare and the best
interests of migrant children, including adolescents, as applicable under national
law, due process and the relevant provisions of the Convention on the Rights of the
Child and the Optional Protocols thereto, and to comply with the consular
notification and access obligations set forth in the Vienna Convention on Consular
Relations 46 so that States may provide child-friendly consular assistance, as
appropriate, including legal assistance;
73. Bears in mind that policies and initiatives on the issue of migration,
including those that refer to border control and the orderly management of
migration, must be in accordance with international human rights obligations in
order to uphold the human rights and fundamental freedoms of all migrant children;
74. Reaffirms emphatically the duty of States parties to ensure full respect
for and observance of the Vienna Convention on Consular Relations, in particular
with regard to the right of all foreign nationals, regardless of their migration status,
to communicate with a consular official of the sending State in case of arrest,
imprisonment, custody or detention and the obligation of the receiving State to
inform the foreign national without delay of his or her rights under the Convention;
75. Calls upon all States to protect children deprived of their liberty from
torture and other cruel, inhuman or degrading treatment or punishment, to ensure
that, if they are arrested, detained or imprisoned, children are provided with
adequate legal assistance, that they have the right to maintain contact with their
family through correspondence and visits from the moment that they are arrested,
save in exceptional circumstances, and that no child is sentenced or subject to
forced labour or corporal punishment or deprived of access to and provision of
health care and services, hygiene and environmental sanitation, education, basic
instruction and vocational training, and to undertake prompt investigations of all
reported acts of violence and ensure that perpetrators are held accountable;
76. Reaffirms the importance of the principle of access to justice, including
for migrant children, convinced that, without access to justice, basic human rights
cannot be fully realized;
77. Also reaffirms that all migrant children are entitled to equal protection by
the law and that all persons, regardless of their migration status, are equal before the
courts and tribunals and, in the determination of their rights and obligations in a suit
at law, are entitled to a fair and public hearing by a competent, independent and
impartial tribunal established by law;
78. Calls upon States to promote and protect the rights of every child to be
registered immediately after birth, to receive a birth certificate, to have a name from
birth, to acquire a nationality and, as far as possible, to know and be cared for by his
or her parents, in particular where the child would otherwise be stateless;
79. Urges States to respect the right of every child, including migrant
children, to preserve his or her identity, including nationality, name and family
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United Nations, Treaty Series, vol. 596, No. 8638.