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Detention of migrants in an irregular situation 2012, para. 40
- Paragraph text
- Migrant children are sometimes detained together with their parents when the latter are found to be in an irregular situation, justified on the basis of maintaining family unity. Not only may this violate the principle of the best interests of the child and the right of the child to be detained only as a measure of last resort, but it may also violate their right not be punished for the acts of their parents (art. 2, para. 2). This does not mean that the best interests of the child are served through splitting up the family by detaining the parents and transferring their children to the alternative-care system. The detention of their parents has a detrimental effect on children, and may violate children's right not to be separated from their parents against their will, as well as the right to protection of the family set forward in article 23 of the International Covenant on Civil and Political Rights and article 10 of the International Covenant on Economic, Social and Cultural Rights. A decision to detain migrants who are accompanied by their children should therefore only be taken in very exceptional circumstances. States must carefully evaluate the need for detention in these cases, and rather preserve the family unit by applying alternatives to detention to the entire family.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 51
- Paragraph text
- Given the endemic power imbalances in the trade regime, it is not surprising that Governments have rarely brought forward labour cases in the context of trade and may even challenge them. The majority of cases end up stalled in administrative channels created under the trade terms. Very rarely, other outreach solutions have been identified to remedy violations of migrants' rights. NAFTA has an advanced dispute settlement mechanism, but the remedies available are illusory and beg the question of enforceability, since the North American Agreement on Labour Cooperation (NAALC), an accord parallel to NAFTA, only provides for binding remedies where an arbitral panel finds a violation relating to child labour, occupational health and safety, or minimum wages. Penalties are not imposed for labour standards violations and complaints rarely advance beyond the national administrative offices established to monitor NAFTA. In the so-called "Washington State apples case" (1998), when Mexican workers filed a complaint under NAALC alleging violations of their rights to unionize and bargain collectively, to protection from discrimination and to health and safety, and alleging that employers used threats and intimidation, the Washington State authorities established a complaints hotline in Spanish, produced Spanish-language information materials and recruited additional Spanish-speaking staff in the agriculture sector.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 95
- Paragraph text
- Many rights-based alternatives to detention exist. A number of countries have moved towards open reception facilities, particularly for vulnerable migrants such as unaccompanied minors and families. However, prolonged immigration detention and its associated negative human rights consequences continue in many countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 92
- Paragraph text
- Of particular concern is the frequent presence of children in detention. Children are usually afforded additional protections by States and, according to many national policies, should not be detained. However, the Special Rapporteur has witnessed detained children in all the countries he has visited, some of which have absurdly justified such detention by calling it protective custody.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 46f
- 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:] Effective protection of the human rights of vulnerable groups, such as unaccompanied children, families with children, persons with disabilities and elderly migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 44
- Paragraph text
- Of particular concern is the inclusion of children among detainees. Children are usually afforded additional protections by member States and, according to many national policies, are not supposed to be detained. However, if the age of the child is unknown, which is common among those without documents or coming from countries that do not have robust birth registration systems, they can be detained or kept in reception centres until their age can be verified. This can take weeks or months. In some instances, while in detention, children live and sleep with 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. The detention of children, even for short periods, can have severe negative psychological effects. It has been made clear by the Committee on the Rights of the Child that immigration detention is never ever in the best interest of the child and that families of migrants should not be separated. Hence, unaccompanied minors 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)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 28
- Paragraph text
- Article 32 of the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and hazardous and harmful work, and requires States to specify a minimum age for admission to employment. The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography prohibits the sale of children, including for the purpose of engagement of the child in forced labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 34
- Paragraph text
- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime contains rules concerning the prevention of trafficking, as well as assistance to and protection of victims of trafficking. It also provides that States should consider permitting victims of trafficking to remain in their territory, temporarily or permanently, in appropriate cases.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 53
- Paragraph text
- In the Special Rapporteur's view, the obligation to always consider alternatives to detention (non-custodial measures) before resorting to detention should be established by law. Detailed guidelines and proper training should be developed for judges and other State officials, such as police, border and immigration officers, in order to ensure a systematic application of non-custodial measures instead of detention. Non-custodial measures should be subject to legal review, and migrants who are subject to non-custodial measures should have access to legal counsel. When considering alternatives to detention, States must take full account of individual circumstances and those with particular vulnerabilities, including pregnant women, children, victims of trafficking, victims of torture, older persons and persons with disabilities. The least intrusive and restrictive measure possible in the individual case should be applied. Legislation should establish a sliding scale of measures from least to most restrictive, allowing for an analysis of proportionality and necessity for every measure. Some non-custodial measures may be so restrictive, either by themselves or in combination with other measures, that they amount to alternative forms of detention, instead of alternatives to detention. When considering whether the measures applied amount to detention, the cumulative impact of the restrictions as well as the degree and intensity of each of them should also be assessed.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 41
- Paragraph text
- Children can also make migratory journeys on their own, sometimes having been separated from their parents or other adult relatives. These unaccompanied or separated children are vulnerable to becoming victims of human rights violations, such as sexual and economic exploitation and trafficking, and their situation requires special attention. In its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee on the Rights of the Child stated that unaccompanied and separated children should not, as a general rule, be detained, and detention cannot be justified solely on the basis of their migratory or residence status, or lack thereof, nor should they be criminalized solely for reasons of irregular entry or presence in the country. The Working Group on Arbitrary Detention has stated that, given the availability of alternatives to detention, it is difficult to conceive of a situation in which the detention of an unaccompanied minor would comply with the requirements stipulated in article 37 (b) of the Convention on the Rights of the Child (A/HRC/13/30, para. 60). States should instead appoint a guardian or adviser as soon as the unaccompanied or separated child is identified and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 38
- Paragraph text
- 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
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 34
- Paragraph text
- The Special Rapporteur focused on the enjoyment of rights to health and to adequate housing for migrants. He recalled the applicable international legal framework and discussed the main challenges encountered by migrants in the enjoyment of these rights, with particular attention to the situations of migrant women and girls and children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 64
- Paragraph text
- The Special Rapporteur also welcomes the adoption of legislation in Panama (Migration Law No. 3, February 2008, article 93), which explicitly proscribes the detention of children. These examples illustrate that States alone or in cooperation with other stakeholders may successfully resort to alternatives to the criminalization of irregular migration or align their laws with international law and human rights standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- 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
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 48
- Paragraph text
- It should of course be noted that, in fact, the Return Directive stipulates that detention should be a measure of last resort. Yet, in practice, few viable alternatives to detention appear to be explored by the European Union institutionally and by European Union member States individually. In the countries visited the Special Rapporteur witnessed an almost complete absence of readily implementable wide-scale alternatives to detention, including for children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 80
- Paragraph text
- General exception clauses have served as an effective means of advancing good-faith measures by States to pursue public welfare objectives. In the context of the General Agreement on Tariffs and Trade and WTO, States have already acknowledged that, without the introduction of appropriate safeguards and implementing national legislation, trade rules and policies can have an adverse impact on workers' rights. They have used exception clauses to address forced and child labour and introduce other protections by requiring the adoption of labour standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 104
- Paragraph text
- Special procedures and safeguards must be established for the return of unaccompanied or separated children. States should only return or repatriate unaccompanied children as a measure of protection - for instance, to ensure family reunification in cases in which it is in the child's best interest and after due process of law. Decisions on the return of unaccompanied children should be taken by child protection officers or - only in cases in which that is not possible - well-trained migration officials who understand children's rights and needs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- 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
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 45
- Paragraph text
- Alternatives to detention are being explored. For example, legal reforms in Italy have reduced immigration detention from 18 to 3 months and, in Greece, the Government has announced a policy change to reduce detention times and release significant numbers of detainees. A number of countries have moved towards more open reception facilities, particularly for vulnerable migrants such as children and families. Despite these welcome changes, prolonged immigration detention, and the associated negative consequences on the human rights of migrants, continues in many member States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 22b
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (b) The work of FRONTEX Fundamental Rights Officer Inmaculada Arnaez Fernandez and her staff, which includes the establishment of a code of conduct for joint return operations, the Vega Children Handbook and the establishment of a mechanism for monitoring fundamental rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 42
- Paragraph text
- Victims of trafficking may violate immigration laws and regulations, inter alia relating to irregular entry or use of false documents. However, the Special Rapporteur would like to stress that victims of trafficking should be recognized as victims, and should not be held responsible for the acts of their traffickers. The fear of being detained, often seen as a prelude to being returned to their country of origin and finding themselves again at the mercy of their traffickers, may prevent victims of trafficking from seeking protection, assistance and justice. The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, urges States to consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases (art. 7, para. 1). The Recommended Principles and Guidelines on Human Rights and Human Trafficking request States to ensure that trafficked persons are not, in any circumstances, held in immigration detention or other forms of custody; and that they are not detained, charged or prosecuted for the illegality of their entry or residence or for their involvement in unlawful activities which are a direct consequence of their situation as trafficked persons. The Special Rapporteur on trafficking in persons, especially women and children, has also stated that trafficked persons should not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination (see A/64/290).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 26
- Paragraph text
- The Special Rapporteur also focused on the protection of children in the context of migration, recalling the obligation of the State to ensure the protection of all children in all stages of the migration process. He presented an overview of the international legal framework applicable, proposed a conceptual framework and referred briefly to three categories of children affected by the migration process: those left behind by migrating family members; migrant children moving across borders; and migrant children in host countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 22
- Paragraph text
- The Special Rapporteur focused again on the impact of the criminalization of migration on the protection and enjoyment of human rights as a follow-up to his report to the Human Rights Council two years before. The report highlighted the detrimental consequences of such policies on groups that should not be considered as irregular migrants, including victims of human trafficking, asylum-seekers and children. The report also provided examples of good practices in the mainstreaming a rights-based approach to migration and managing irregular migration without resorting to its criminalization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 67
- Paragraph text
- The Special Rapporteur welcomes the universal application of the right to adequate housing by regional human rights mechanisms. The European Committee of Social Rights recently enunciated that a State has an obligation to provide adequate shelter to irregular migrant children as long as they are in its jurisdiction and to ensure that the conditions should be such as to ensure human dignity. The Special Rapporteur encourages other regional human rights mechanisms to promote the principle of non-discrimination in the application of the right to adequate housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 50
- Paragraph text
- The Special Rapporteur is especially concerned about the protection of the human rights of children who are subject to deportation and wishes to insist on the importance of respecting the best interests of the child in such procedures. Furthermore, he reiterates his encouragement to States to give consideration to the principle of non-deportation of unaccompanied children and the principle that children should be repatriated only if it is in their best interests, namely, for the purpose of family reunification and after due process of law.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 49
- Paragraph text
- The Special Rapporteur wishes to draw the General Assembly's attention to the impact and consequences that immigration-related detention of adults may have on their children, particularly in connection with their rights to development, family life and mental health. In his view, adopting a child-rights approach, which considers the child's best interests, will require alternative policies to address the migration status of their parents, including measures that facilitate regularization, access to social rights and family unity, rather than resorting to the criminal justice system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 75
- Paragraph text
- In order for meaningful national plans, policies and programmes to be developed and implemented, States must focus on collecting and assessing data on the human rights situation of migrants, from sources such as censuses, population, labour force and household surveys, administrative records, public services, the justice system, national human rights institutions, trade unions and civil society organizations. The participation of hard-to-count migrant populations, such as short-term, circular, undocumented and child migrants and trafficked persons, in the design of surveys and other data collection instruments and in the dissemination and analysis of data will improve the relevance and quality of data.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- 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
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 57
- Paragraph text
- The return of migrants who do not meet the required international or national legal standards to remain in their host country must be conducted in safety, with regard to dignity and respect for human rights, on the basis of: (a) the primacy of voluntary returns; (b) cooperation between States of origin and reception; and (c) enhanced reception and reintegration assistance for those who are returned. Children, whether unaccompanied, separated or accompanied by their parents or other caregivers, should only be returned or repatriated when it has been determined to be in their best interest through an appropriate procedure before a competent institution with proper representation of the child. Families should never be separated unless separation is necessary to ensure the best interest of the child.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph