A/HRC/RES/36/5
Concerned by the large and growing number of migrants, in particular
unaccompanied migrant children or those separated from their parents, who find themselves
in vulnerable situations when attempting to cross international borders on dangerous
migratory routes, and recognizing the obligation of States to respect the human rights of
those migrants regardless of their migratory status, in accordance with their obligations
under international law,
Expressing serious concern about the vulnerability of and risks faced by migrants in
countries of transit and destination, in particular children, including adolescents, who are
unaccompanied or separated from their families, who are forced to flee or decide to leave
their homelands owing to multiple causes and who travel alone migratory routes, regardless
of their migratory status, since they may be exposed to serious human rights violations and
abuses that can threaten their physical, emotional and psychological well-being, and may
also be exposed to crimes and human rights abuses committed by transnational criminal
organizations or gangs, including crimes such as theft, kidnapping, extortion, physical
abuse, the sale of and trafficking in persons, forced labour, and sexual abuse and
exploitation,
Reaffirming that the general principles of the Convention on the Rights of the Child,
including the best interests of the child, non-discrimination, participation, survival and
development, provide the framework for all actions concerning children and should guide
legislation, policies and practices relating to children, regardless of their status, including in
the context of migration,
Recalling the New York Declaration for Refugees and Migrants, in which the
General Assembly recognized the importance of cooperation among countries of origin,
transit and destination in ensuring that any type of return, whether voluntary or otherwise,
must be consistent with States’ obligations under international human rights law and in
compliance with the principle of non-refoulement and should respect the rules of
international law, and must in addition be conducted in keeping with the best interests of
children and with due process, while special attention should be paid to the needs of
migrants in vulnerable situations who return, such as unaccompanied or separated children,
Recognizing that, for the full and harmonious development of a child’s personality,
he or she should grow up in a family environment and in an atmosphere of happiness, love
and understanding, and, therefore, that States of origin, destination and, where appropriate,
transit should, as applicable under national law, facilitate family reunification as an
important objective in order to promote the welfare and the best interests of migrant
children, including adolescents,
Welcoming immigration programmes, adopted by some countries, that allow
migrants to integrate fully into their host countries, facilitate family reunification and
promote a harmonious, tolerant and respectful environment, while encouraging States to
consider the possibility of adopting such programmes,
Recognizing that discussions on the global compact for safe, orderly and regular
migration are an important opportunity to address the issue of unaccompanied migrant
children and adolescents,
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Reaffirms that States, in accordance with their obligations under international
law, are responsible for promoting and protecting the human rights and fundamental
freedoms of all migrants, regardless of their migration status, and that all migrant children,
within their territory and subject to their jurisdiction, are entitled to equal protection under
the law, and calls upon States to fully respect their rights, without discrimination of any
kind, taking into consideration that they are children first and foremost;
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