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Developing the Global Compact on Migration 2016, para. 46b
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Development and implementation of rights-based alternatives to detention, especially for children and families with children;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 38
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- Children in immigration detention will often be traumatized and have difficulty understanding why they are being "punished" despite having committed no crime. According to article 37 (b) of the Convention on the Rights of the Child, no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time. Article 37 (c) states that every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances. Article 37 (d) provides that every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. Children deprived of their liberty also have a right to appropriate medical treatment (art. 24), education (art. 28) and recreation and play (art. 31).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 93
- Paragraph text
- When the age of the child is unknown, which is common when they are undocumented or coming from countries without robust birth registration systems, they are often detained until their age can be verified, which can take weeks or months. In some instances, while in detention, unaccompanied children live and sleep alongside adults, without any special accommodation made for their young age and without access to education. In others, families are separated in different sections of the detention facility according to age and gender.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 94
- Paragraph text
- The detention of children, even for short periods, can have severe psychological consequences. It has been made clear by the Committee on the Rights of the Child and reinforced by other human rights mechanisms that immigration detention can never, ever, be in the best interest of a child and that the immigration detention of children, whether unaccompanied or together with their families, constitutes a violation of child rights. Consequently, both unaccompanied children and families with children should always benefit from alternatives to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 61
- Paragraph text
- Unaccompanied migrant children and families with children must never be detained for reasons relating to their administrative immigration status. The detention of children, even for short periods, can have severe psychological consequences for their development. The Committee on the Rights of the Child and other human rights mechanisms have made it clear that immigration detention can never, ever, be in the best interest of a child and that the immigration detention of children, whether unaccompanied or with their families, always constitutes a violation of their rights. Consequently, both unaccompanied migrant children and families with children should always be provided with alternatives to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96f
- Paragraph text
- [Indicators for such a target should include:] Time frame and coverage of policy on abolishing any form of detention of children on the basis of their immigration status or that of their parents;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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