CRC/GC/2005/6
page 16
neglect, exploitation, torture, cruel, inhuman and degrading treatment or armed conflicts.
In order to facilitate such recovery and reintegration, culturally appropriate and
gender-sensitive mental health care should be developed and qualified psychosocial
counselling provided.
49.
States shall, in particular where government capacity is limited, accept and facilitate
assistance offered by UNICEF, the World Health Organization (WHO), United Nations Joint
Programme on HIV/AIDS (UNAIDS), UNHCR and other agencies (art. 22 (2)) within their
respective mandates, as well as, where appropriate, other competent intergovernmental
organizations or non-governmental organizations in order to meet the health and health-care
needs of unaccompanied and separated children.
(g)
Prevention of trafficking and of sexual and other forms of exploitation,
abuse and violence (arts. 34, 35 and 36)
50.
Unaccompanied or separated children in a country outside their country of origin are
particularly vulnerable to exploitation and abuse. Girls are at particular risk of being trafficked,
including for purposes of sexual exploitation.
51.
Articles 34 to 36 of the Convention must be read in conjunction with special protection
and assistance obligations to be provided according to article 20 of the Convention, in order to
ensure that unaccompanied and separated children are shielded from trafficking, and from sexual
and other forms of exploitation, abuse and violence.
52.
Trafficking of such a child, or “re-trafficking” in cases where a child was already a
victim of trafficking, is one of many dangers faced by unaccompanied or separated children.
Trafficking in children is a threat to the fulfilment of their right to life, survival and development
(art. 6). In accordance with article 35 of the Convention, States parties should take appropriate
measures to prevent such trafficking. Necessary measures include identifying unaccompanied
and separated children; regularly inquiring as to their whereabouts; and conducting information
campaigns that are age-appropriate, gender-sensitive and in a language and medium that is
understandable to the child. Adequate legislation should also be passed and effective
mechanisms of enforcement be established with respect to labour regulations and border
crossing.
53.
Risks are also great for a child who has already been a victim of trafficking, resulting in
the status of being unaccompanied or separated. Such children should not be penalized and
should receive assistance as victims of a serious human rights violation. Some trafficked
children may be eligible for refugee status under the 1951 Convention, and States should ensure
that separated and unaccompanied trafficked children who wish to seek asylum or in relation to
whom there is otherwise indication that international protection needs exist, have access to
asylum procedures. Children who are at risk of being re-trafficked should not be returned to
their country of origin unless it is in their best interests and appropriate measures for their
protection have been taken. States should consider complementary forms of protection for
trafficked children when return is not in their best interests.
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