Detention of migrants in an irregular situation 2012, para. 41

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Paragraph text: Children can also make migratory journeys on their own, sometimes having been separated from their parents or other adult relatives. These unaccompanied or separated children are vulnerable to becoming victims of human rights violations, such as sexual and economic exploitation and trafficking, and their situation requires special attention. In its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee on the Rights of the Child stated that unaccompanied and separated children should not, as a general rule, be detained, and detention cannot be justified solely on the basis of their migratory or residence status, or lack thereof, nor should they be criminalized solely for reasons of irregular entry or presence in the country. The Working Group on Arbitrary Detention has stated that, given the availability of alternatives to detention, it is difficult to conceive of a situation in which the detention of an unaccompanied minor would comply with the requirements stipulated in article 37 (b) of the Convention on the Rights of the Child (A/HRC/13/30, para. 60). States should instead appoint a guardian or adviser as soon as the unaccompanied or separated child is identified and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State.

Topic(s)

Person(s) affected