A/HRC/56/60 article 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, which requires each State party to “take into account … the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care”. The Committee on the Rights of the Child has clearly stated that the immigration detention of any child is a violation of a child’s rights and always contravenes the principle of the best interests of the child.57 As such, the obligation to ensure a place of safety on disembarkation for child victims of trafficking and children at risk of trafficking cannot be ensured if there is a real risk of arbitrary detention and of failure to ensure that the principle of non-punishment is implemented without discrimination. 41. The Special Rapporteur has previously highlighted the obligations, under the Convention on the Rights of the Child and its Optional Protocols, arising from a State exercising effective control outside its borders, including in international waters or other transit zones where States put in place migration control mechanisms. Those obligations apply during interceptions at sea and continue to apply with respect to those children who come under a State’s jurisdiction while attempting to enter its territory. 58 As such, the obligation arising under article 35 of the Convention on the Rights of the Child to “take all appropriate national, bilateral and multilateral measures to prevent the … traffic in children for any purpose or in any form” applies. It imposes positive obligations on the State in relation to identification, assistance, protection and non-refoulement during interceptions at sea, search and rescue operations and disembarkation to a place of safety. 42. The Special Rapporteur is concerned that adolescent refugee and migrant children, including child victims of trafficking, are often not given equal protection by States. She highlights the obligation under the Convention on the Rights of the Child to respect and ensure the rights of all children without discrimination of any kind (art. 2). The protection of child rights in the context of any removal or transfer proceedings must be ensured. The non-refoulement obligations under the Convention on the Rights of the Child apply irrespective of whether serious violations of those rights guaranteed under the Convention originate from non-State actors or whether such violations are directly intended or are the indirect consequence of States parties’ action or inaction.59 VII. Safe disembarkation: access to asylum and international protection 43. The Special Rapporteur is concerned at increasing restrictions on access to asylum and use of accelerated asylum procedures. States must guarantee access to protection and assistance, including to asylum procedures, for those intercepted or rescued at sea who are victims of trafficking or persons at risk of being trafficked. States are required to ensure that trafficked persons or potential victims of trafficking are informed of and effectively enjoy the right of access to fair, efficient, trauma-informed and clear asylum procedures without discrimination or any preconditions.60 57 58 59 60 12 Committee on the Rights of the Child, “Report of the 2012 day of general discussion; the rights of all children in the context of international migration”, para. 32. Available at www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/DGD2012ReportAndRecommendatio ns.pdf. Joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), para. 12. See also S.B. et al. v. France (CRC/C/86/D/R.77/2019). Joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), para. 46. Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020), para. 88. GE.24-06692