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countries of origin. Detaining these children, which is never in their best interest, is
an additional punishment, the purported aims of which can be achieved i n a
different way.
53. While their fate is being decided, children may endure humiliation, physical
attacks and sexual abuse. In many cases, they lack access to a child protection
authority, an age- and gender-sensitive protection determination process, legal
representation and accessible information about their rights or about ways of
seeking redress for the acts of violence they may have suffered.
54. Time and time again, children on the move experience fear, anxiety, panic,
depression, sleep disorders, mental health problems, an increased risk of self-harm
and an aggravated sense of hopelessness, which have a severe impact on their
development and well-being.
55. These children have been left very far behind. For them, the vision of the 2030
Agenda seems distant and illusory. It is urgent to transform the continuum of
violence that shapes their life into a continuum of protection of their rights.
56. That was the main concern addressed by the expert consultation organized in
Mexico in June 2017 by the Special Representative and the Universidad
Iberoamericana, in cooperation with United Nations partners, academia, civil
society and community-based organizations.
57. Participants in the consultation focused in particular on ways of safeguarding
the best interests of children on the move. This must be a primary consideration in
all decisions affecting the child, including upon arrival in a transit or destination
country, in identification and registration procedures and during relevant
proceedings in which the child’s views need to be taken into account, and when the
possibility of return is envisaged or the deportation of a family member is
considered.
58. Children should also be informed about their rights and legal safeguards at all
stages, have access to child-friendly information and counselling and be genuinely
consulted about decisions affecting them, including when seeking redress for
incidents of violence.
59. Protecting the best interests of the child is critical to a safe age assessment
procedure that is child- and gender-sensitive, as well as culturally sensitive. Such
procedures should be conducted only when there is a well -founded doubt about the
age of the child. They should be conducted by a multidisciplinary team of well trained professionals with respect for the dignity of the child and consideration of
the trauma that may have already been endured. In cases of doubt about their age,
children should benefit from the special protection to which they are entitled.
60. Safeguarding the best interests of the child becomes particularly important
with unaccompanied or separated children. It is essential that a guardian be
appointed promptly to uphold their best interests at all times. As noted in the expert
consultation, the best interests of the child can be undermined by lengthy
procedures, inadequate vetting to ensure the identification of qualified guardians,
and a lack of clear, harmonized standards on their roles and responsibilities. They
are further undermined when guardians are responsible for large numbers of
children. The lack of an effective monitoring system and of safe complaint
procedures has compromised the identification of incidents of abuse and
exploitation of children, and prompt and effective responses.
61. Children are entitled to grow up in a caring and nurturing family environment
that ensures their care, development and well-being. When children are forced to
flee their countries in search of safety and protection, preserving a family
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