A/HRC/RES/36/5
2.
Urges States to give primary consideration at all times to the best interests of
the child, particularly with regard to children in transit or crossing borders, and when
formulating policies on integration, return or family reunification, to carry out
individualized, comprehensive best-interest assessments to identify the protection needs of
migrant children and adolescents, particularly unaccompanied and separated children, and
to carry out early and prompt assessments of victims of violence, exploitation and abuse
who may qualify for refugee status or other forms of protection;
3.
Calls upon States to ensure appropriate, integrated and gender-sensitive child
protection care and services for all unaccompanied and separated migrant children and
adolescents starting from the time of their arrival, in accordance with relevant international
legal frameworks, taking into account the principle of the best interests of the child and the
special needs of unaccompanied migrant children and those separated from their families,
to protect them against all forms of abuse, neglect, exploitation and violence and to work to
provide for their health, education and psychosocial development in a manner that is ageand gender-sensitive and that ensures a continuum of protection throughout the migration
cycle and across transnational borders;
4.
Also calls upon States to promote and protect effectively the human rights
and fundamental freedoms of all migrants, especially unaccompanied migrant children and
adolescents, regardless of their migration status, and to address international migration
through international, regional or bilateral cooperation and dialogue and a comprehensive
and balanced approach, recognizing the roles and responsibilities of countries of origin,
transit and destination in promoting and protecting the human rights of all migrants and
avoiding approaches that might aggravate their vulnerability;
5.
Encourages States to prevent the separation of migrant children and
adolescents from their families, to establish effective systems in conformity with their
international obligations and commitments, and to prioritize family reunification for
unaccompanied or separated children with their parents, except when further separation is
necessary in the best interests of the child, taking full account of the right of the child to
express his or her views freely in matters that affect them and ensuring that applications by
the child, or his or her parents, to enter or leave a country for the purpose of family
reunification are dealt with in a positive, humane and expeditious manner and entail no
adverse consequences for the applicants or family members;
6.
Reminds States that the detention of a migrant child or adolescent on the
basis of their migration status or that of their parents is seldom, if ever, in the best interests
of the child, and also reminds them of their commitment to work towards ending this
practice, and calls upon States to consider reviewing policies that criminalize cross-border
movements and to adopt alternatives to detention for children that take into account the best
interests of the child, as a primary consideration, and respect the human rights of migrant
children and adolescents, including the right to preserve their identities and family relations
and not to be subjected to arbitrary or unlawful interference with their families;
7.
Calls upon States of origin, transit and destination to find effective and
timely responses to the needs of unaccompanied or separated children as soon as they are
identified as such, including, where appropriate and feasible, their integration, voluntary
and safe repatriation or resettlement, in keeping with the principles of due process, the best
interests of the child and non-refoulement, and urges States to develop bilateral or
multilateral agreements that standardize approaches for identifying and implementing
sustainable solutions for unaccompanied or separated children, including a procedure for
monitoring their return;
8.
Encourages all States to prevent and eliminate discriminatory policies and
legislation at all levels of government, including those that deny migrant children access to
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