CRC/GC/2005/6
page 18
entail extraterritorial effects and States shall refrain from returning a child in any manner
whatsoever to the borders of a State where there is a real risk of under-age recruitment or
participation, directly or indirectly, in hostilities.
Child-specific forms and manifestations of persecution3
59.
Reminding States of the need for age and gender-sensitive asylum procedures and an
age and gender-sensitive interpretation of the refugee definition, the Committee highlights
that under-age recruitment (including of girls for sexual services or forced marriage with
the military) and direct or indirect participation in hostilities constitutes a serious human
rights violation and thereby persecution, and should lead to the granting of refugee status
where the well-founded fear of such recruitment or participation in hostilities is based on
“reasons of race, religion, nationality, membership of a particular social group or political
opinion” (article 1A (2), 1951 Refugee Convention).
Rehabilitation and recovery
60.
States shall develop, where needed, in cooperation with international agencies
and NGOs, a comprehensive age-appropriate and gender-sensitive system of
psychological support and assistance for unaccompanied and separated children affected
by armed conflict.
(i)
Prevention of deprivation of liberty and treatment in cases thereof
61.
In application of article 37 of the Convention and the principle of the best interests of the
child, unaccompanied or separated children should not, as a general rule, be detained. Detention
cannot be justified solely on the basis of the child being unaccompanied or separated, or on their
migratory or residence status, or lack thereof. Where detention is exceptionally justified for
other reasons, it shall be conducted in accordance with article 37 (b) of the Convention that
requires detention to conform to the law of the relevant country and only to be used as a measure
of last resort and for the shortest appropriate period of time. In consequence, all efforts,
including acceleration of relevant processes, should be made to allow for the immediate release
of unaccompanied or separated children from detention and their placement in other forms of
appropriate accommodation.
62.
In addition to national requirements, international obligations constitute part of the law
governing detention. With regard to asylum-seeking, unaccompanied and separated children,
States must, in particular, respect their obligations deriving from article 31 (1) of the
1951 Refugee Convention. States should further take into account that illegal entry into or stay
in a country by an unaccompanied or separated child may also be justified according to general
principles of law, where such entry or stay is the only way of preventing a violation of the
fundamental human rights of the child. More generally, in developing policies on
unaccompanied or separated children, including those who are victims of trafficking and
exploitation, States should ensure that such children are not criminalized solely for reasons of
illegal entry or presence in the country.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières