33/53 Global issue of unaccompanied migrant children and adolescents and human rights - Progress report of the Human Rights Council Advisory Committee
Document Type: Final Report
Date: 2016 Aug
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, Item5: Human rights bodies and mechanisms
GE.16-14176(E)
Human Rights Council Thirty-third session
Agenda items 3 and 5
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Human rights bodies and mechanisms
Global issue of unaccompanied migrant children and adolescents and human rights*
Progress report of the Human Rights Council
Advisory Committee
Summary
The present report was prepared pursuant to Human Rights Council resolution
29/12, in which the Council requested the Advisory Committee to develop a research-based
study on the global issue of unaccompanied migrant children and adolescents and human
rights and to submit it to the Council at its thirty-third session for consideration. The report
was prepared by the Rapporteur of the drafting group on unaccompanied migrant children
and adolescents and human rights, Carla Hananía de Varela, with the valuable contribution
of Fabio Cano Gomez.
* The present report was submitted after the deadline in order to reflect the most recent developments.
Contents
Page
I. Introduction ...................................................................................................................................... 3
II. Main reasons why children and adolescents are forced or encouraged to migrate
unaccompanied ................................................................................................................................. 4
III. Situation of unaccompanied migrant children and adolescents ........................................................ 7
IV. Main human rights violations faced by unaccompanied migrant children
and adolescents ................................................................................................................................. 11
V. Gender considerations ...................................................................................................................... 14
VI. Regional and inter-State coordination .............................................................................................. 15
VII. Role of civil society ......................................................................................................................... 16
VIII. Recommendations ............................................................................................................................ 18
IX. Best practices ................................................................................................................................... 19
I. Introduction
1. In its resolution 29/12, the Human Rights Council requested the Advisory
Committee to develop a research-based study on the global issue of unaccompanied
migrant children and adolescents and human rights, in which it identifies areas, reasons and
cases where that issue arises in the world, and the ways in which human rights are
threatened and violated, and makes recommendations for the protection of the human rights
of members of this population, and to submit it to the Council at its thirty-third session.
2. At its fifteenth session, the Advisory Committee established a drafting group for the
preparation of the above-mentioned study, which currently comprises Mario Luis
Coriolano, Laura Maria Crăciunean-Tatu, Hoda Elsadda, Carla Hananía de Varela
(Rapporteur), Obiora Chinedu Okafor, Katharina Pabel, Anantonia Reyes Prado (Chair) and
Changrok Soh.
3. The present report aims to provide a comprehensive analysis of the situation of
unaccompanied migrant children from a human rights perspective. The analysis and
recommendations contained in this report provide guidance for ensuring that the
commitments assumed by States parties to the Convention on the Rights of the Child and
other relevant human rights treaties are fulfilled. The fulfilment of those commitments
guarantees the appropriate and timely protection of children who find themselves in
situations of high vulnerability because they are forced to migrate unaccompanied by their
parents or guardians. In line with article 1 of the Convention on the Rights of the Child, “a
child means every human being below the age of 18 years unless under the law applicable
to the child, majority is attained earlier”. Unaccompanied children are children “who have
been separated from both parents and other relatives and are not being cared for by an adult
who, by law or custom, is responsible for doing so”.1
4. Two methodological tools were used to carry out the study: (a) an ad hoc
questionnaire addressed to States, national human rights institutions, non-governmental
organizations (NGOs) and international organizations; and (b) documentary research.
5. The drafting group developed questionnaires to seek the views and input of Member
States, international and regional organizations, special procedure mandate holders and
treaty bodies, national human rights institutions, civil society organizations and other
relevant stakeholders. In total, 80 responses were received, of which 19 from States, 47
from NGOs, 13 from national human rights institutions and 1 from the United Nations
Children’s Fund (UNICEF).
6. The present report contains information about the rights of children who are forced
to abandon their homes and lands, children with a life, rights and special needs related to
nutrition, education, medical attention and protection from abuse. According to UNICEF, in
2014 60 million people were chased from their homes by war, violence and persecution, of
whom an estimated 30 million were children. Worldwide, nearly 232 million people live
beyond the borders of their native land;2 among them are 35 million children, some of
whom are not accompanied by an adult.3 From 1990, rising insecurity and political
instability have contributed to preventing mobility or have forced migrants to seek more
1 See Committee on the Rights of the Child, general comment No. 6 (2005) on the treatment of
unaccompanied and separated migrant children outside their country of origin, para. 7.
2 The Committee refers to people who leave their country of origin for different reasons.
3 UNICEF, “Protecting children on the move”, briefing note (November 2015).
distant destinations. There are three main categories of unaccompanied and separated
children, each of which must receive a different response:
(a) Children separated from their family or caregivers during the move. Civil
society and international organizations and social workers should take measures in
reception and transit centres to enable prompt family reunification;
(b) Children who started their journey as unaccompanied or separated children
and are currently travelling with groups of people. Most are males aged 14-17 years who
avoid being registered or pretend to be young adults;
(c) Children who have interrupted their migration owing to a lack of resources.
In the context of the European migrant crisis, children in this category are often found in
urban areas in Greece and Italy and are particularly vulnerable to all types of abuse,
exploitation, trafficking, enrolment by criminal groups and violence.
II. Main reasons why children and adolescents are forced or encouraged to migrate unaccompanied
7. The reasons why individuals migrate are often multilayered and depend on the
country of origin, social and cultural background and personal or familial aspirations. In
most cases of child migration, the immediate and structural causes are closely interlinked.
8. There are often important differences in the motivations of migrant children who
apply for asylum and the motivations of those who do not. Children who seek asylum often
flee their country out of fear of persecution or because of a generalized state of violence.
Children who do not apply for asylum are often moved by the desire to find a better future.
Moreover, such children do not always want to be registered or be cared for in reception
centres, which greatly limits the information available on them.
9. Information provided by Central American States shows that, while there are several
reasons why children migrate, the common factor is the multiple violations of human rights
of children in their countries of origin: migrant children lack protection from different
manifestations of violence, poverty, lack of opportunities, poor access to education and
health services, maltreatment at home, different kinds of threats, intimidation and
insecurity.
10. In Latin America, the low level of public education needs to be addressed. In the
case of migrants from the “northern triangle” (El Salvador, Guatemala and Honduras), the
level of education is insufficient to break the intergenerational transmission of poverty that
constitutes a key factor in children’s migration.4
11. There has been much discussion in Central American countries about the new
phenomenon of forced displacement, including of children and youth. There is an
increasing movement of young people forced by threats and violence to migrate. Some
States, such as Honduras, accept that forced displacement (internal and external) is the most
important cause of migration, while others, like El Salvador, emphasize that the reasons for
migrating are multilayered.
12. Some countries, like Colombia, have reported that many teenagers have left their
places of origin owing to violence and have never applied for refugee status. This
phenomenon is also beginning to show in some isolated cases in the Dominican Republic,
4 Information provided by the Dirección de Investigación en Derechos Humanos, Procurador de los
Derechos Humanos, Guatemala.
where adolescents migrate to avoid violence and for economic reasons. For Bolivian and
Ecuadorian children, however, the main motivation for migrating is economic. Cases of
children and adolescents migrating as a result of natural disasters have also been reported,
mainly in respect of Haiti.
13. As the difference in living standards and wages between countries of destination and
of origin continues to grow, children are attracted to nations with higher standards of living
and better job opportunities than they are able to find in their own countries. In regard to
the migration flows to North America, for example, children have the perception that
migrating northward is the best way of improving personal status and quality of life, given
the gap between North and Central America5 in terms of human development.
14. Many respondents to the questionnaire indicated that children view irregular
migration as a “necessary risk” and perceive the authorities as an obstacle to reaching their
destination; only in very few cases are they associated with the obligation to protect
children’s rights.6
15. Extreme poverty has historically been one of the main reasons why children have
left their homes, including in Central America. In Guatemala, 41.7 per cent of children
suffer from chronic malnutrition; that percentage is even higher in regions with large
indigenous populations. According to interviews conducted by the Social Welfare
Department and the Attorney General’s Office of Guatemala with 10,166 unaccompanied
migrant children and adolescents in 2015, 67 per cent travelled in search of work, 23 per
cent to reunite with their family, 2 per cent in search of better opportunities and 0.4 per cent
without knowing the reason (population aged 0-5 years). Only 0.1 per cent mentioned direct
violence as the reason for moving.
16. In El Salvador, the returnees care centre attended to 4,114 migrant children and
adolescents between June 2014 and July 2015, of whom 45 per cent were unaccompanied.
When asked about the reasons for migrating, 36.1 per cent of the children said they wanted
to join their family, 31.7 per cent mentioned better living conditions and 27.48 per cent said
they moved because of threats.7 Violence has become a growing factor in migration in
Central America. In Honduras, it has been reported that parents decide to send children
abroad to prevent them from being recruited by gang members.8
17. It is also difficult for asylum seekers to meet the strict criteria for family
reunification through the regular channels. In Europe, adults often have to meet minimum
income requirements before they can sponsor their children’s migration in the context of
family reunification (low-income migrant workers are excluded), which sometimes has a
particularly discriminatory effect on migrant women. Despite the existence of common
European Union legislation on family reunification, in some European Union member
States there continue to be restrictions based on the age of the child and the family
members who are able to sponsor the child. Furthermore, some migrant workers are unable
to apply for official family reunification, as they are not legal residents in the country of
destination. This leads to many children migrating unaccompanied or separated in order to
join parents or other family members in countries of destination.9
18. The International Organization for Migration (IOM) estimates that 2.2 million
people, including 1.5 million children (55 per cent of the total), have been displaced
5 Centro de Derechos Humanos Fray Matías.
6 Aldeas Infantiles SOS Nicaragua.
7 Returnee care centre.
8 National human rights commission of Honduras.
9 Platform for International Cooperation on Undocumented Migrants.
internally as a result of the conflict in north-eastern Nigeria. It is estimated that there are
nearly 400,000 Nigerian refugees and internally displaced persons in neighbouring Chad, in
northern Cameroon and in the Diffa region of the Niger. In Zimbabwe, which has seen a
steep increase in child migration flows in recent years, the main reported causes of child
migration are: sexual abuse by caregivers, peer pressure, the death of a caregiver (mostly
from HIV- and AIDS-related complications), the breakdown of traditional families, public
budgets that do not prioritize child rights, deteriorating education standards, high school
dropout rates and poverty.10
19. In Senegal, children who agree to talk about the causes pushing them to migrate cite
mainly economic reasons. Their parents entrust them to people who promise to find them
work in neighbouring regions or other African countries. Most are subjected to the worst
forms of child labour, however.11 In Swaziland, children migrate mainly to flee from war
and persecution and therefore try to go to a non-neighbouring country where human rights
are respected.12
20. In West and Central Africa, migration is strongly influenced by the region’s rapid
population growth. Conflicts in the Central African Republic, the Democratic Republic of
the Congo, Mali and Nigeria result in huge numbers of people being displaced, a large
proportion of whom are children. In addition, because of the high demand for cheap and
productive labour, young people are very attractive to contractors. A high proportion of
those active in agricultural fields, gold and diamond mines, stone quarries, the informal
sector and domestic work are children working in exploitative conditions.
21. In Bangladesh, as in other Asian countries, there is a tradition of engaging in labour
migration during the transition from childhood to adulthood. Children are urged to migrate
as a passage to adulthood and are often forced by their families to leave and migrate in
order to bring money to the household. Cultural norms and traditions contribute to children
being trapped in poverty, increasing their vulnerability to abuse and exploitation.13 These
cases tend to also have a strong gender dimension, as is the case of the marriage market in
India.
22. In May 2015, the European Migrant Network produced a synthesis report entitled
Policies, Practices and Data on Unaccompanied Minors in the EU Member States and
Norway. In it, the main reasons and circumstances encouraging children to migrate, as
reported by the States receiving them, were grouped into three categories: a fragile
environment, other reasons and special reasons.
Fragile environment
23. The following countries cited security concerns: Austria, Belgium, Bulgaria,
Croatia, Cyprus, Germany, Greece, Finland, France, Hungary, Ireland, Italy, Lithuania,
Malta, Poland, Portugal, Slovakia, Slovenia, Sweden, and Norway.
24. The following countries cited economic and aspirational reasons, including
education: Austria, Belgium, Cyprus, Czech Republic, Estonia, Germany, Greece, Finland,
France, Hungary, Ireland, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Spain,
Sweden and Norway.
10 Information provided by Terre des Hommes Zimbabwe.
11 Information provided by Caritas Senegal.
12 Information provided by Caritas Swaziland.
13 Information provided by Caritas Bangladesh.
Other reasons
25. The following countries cited domestic violence: Finland, Germany and Hungary.
26. The following countries cited the recruitment of child soldiers: Austria, Finland and
Germany.
27. The following countries cited forced marriage: Austria, Germany and Norway.
Special reasons
28. The following countries cited reunification with family members: Austria, Belgium,
Czech Republic, France, Germany, Hungary, Ireland, Luxembourg, Netherlands, Poland,
Portugal, Slovakia and Slovenia.
29. The following countries cited joining the diaspora or a migrant community: Austria,
Belgium, Luxembourg, Poland and Slovenia.
30. The following countries cited education, economic and aspirational reasons: Austria,
Belgium, Cyprus, Czech Republic, Finland, France, Germany, Greece, Hungary, Ireland,
Luxembourg, Malta, Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden and
Norway.
31. Although there are different causes and categories of migrant children, the
Committee on the Rights of Child recommends being cautious when trying to put migrant
children into boxes. The complexity of the migration dynamics could make many children
fall into several categories and the excessive categorization could prevent the carrying out
of a comprehensive analysis of their human rights situation.
III. Situation of unaccompanied migrant children and adolescents
32. In the responses to the questionnaires, most States did not provide accurate data
about the living, reception and transit conditions of unaccompanied migrant children.
Important information has been provided instead by NGOs.
33. Migratory policies based on detention and deportation have failed to discourage
irregular migration. Usually, transit migrants use less guarded and riskier areas. An
increasing number of migrant families hoping to make the journey abroad contact
traffickers, which may lead to the separation of children from their families, leaving most
children without any protection. Migrant children usually choose to go through country
roads and thus are not very visible to the local population, the organizations offering
services and the immigration authorities.
34. Unaccompanied migrant children separated from their families are the most
vulnerable group among all migrants; the lack of information about their situation is one of
the most important barriers faced by institutions and States seeking to effectively protect
their rights.
35. Across the European Union, age determination procedures are frequently intrusive
and unreliable and unaccompanied children are often subjected to the same violations as
undocumented adults. If apprehended and, in particular, if not recognized as children,
unaccompanied minors face detention,14 deportation and violence.15 National authorities
treat illegal entry into the country as a crime rather than as mere violation of administrative
regulations.
36. During the first nine months of 2015, more than 200,000 children applied for asylum
in European Union countries.16 Some did not reach their destination. In the same year,
nearly 700 children are believed to have died crossing the Mediterranean Sea.17 Each day,
700 children arrive Europe, many of them exhausted and distressed and some in need of
medical assistance.18 In the former Yugoslav Republic of Macedonia, the number of
unaccompanied children and adolescents increased six-fold, from 932 in August to 5,676 in
October 2015. In the first months of 2015, more than 23,000 unaccompanied migrant
children and adolescents applied for asylum in Sweden alone19 and more than 30,000 were
expected to apply in Germany by the end of 2015.
37. Most European States bordering the Mediterranean Sea are countries of both transit
and destination. For example, in 2014 a total of 14,243 unaccompanied migrant children
landed in Italy, of whom 3,707 absconded after landing and 10,536 were hosted in centres
organized by local municipalities charged with providing reception. Up until August 2015,
a total of 8,944 unaccompanied migrant children arrived in Italy. According to IOM,
between January and July 2015 a total of 5,459 unaccompanied migrant children entered
the country, 27 per cent (1,467) of them coming from West Africa (Gambia, Nigeria, Mali
and Senegal).
38. In October 2015, 3,125 migrant deaths and missing migrants in the Mediterranean
Sea were recorded, of whom 40 per cent were of unknown origin, nearly 32 per cent were
from sub-Saharan Africa and 11 per cent from the Horn of Africa.
39. In Belgium, owing to a lack of reception places, children used to be housed in hotels
with little assistance, in inappropriate reception structures or in adult shelters. In 2013 and
2014, however, there were enough places to accommodate unaccompanied children since –
additional facilities were created, but especially since there was also a decrease in the
number of asylum seekers. Nonetheless, since May 2015 there has been a sharp increase in
the number of migrant children, putting the reception network under pressure once more.
40. In the midst of the biggest flow of migration in Latin America, Mexico is a country
of origin, transit, destination and return. Among the migrants are children of Mexican and
other origins intending to enter the United States of America and non-Mexican children
who view Mexico as country of destination. In recent years, the arrival and irregular
movement of children and adolescents in Mexico, mainly from Central American countries,
has increased enormously.20 According to the UNICEF office in Mexico, the number of
unaccompanied migrant children and adolescents who were detected by Mexican
immigration authorities increased by 333 per cent from 2013 to 2015.21
14 In accordance with article 37 of the Convention on the Rights of the Child, migrant children should
not be detained.
15 Information provided by the Platform for International Cooperation on Undocumented Migrants.
16 Eurostat.
17 UNHCR.
18 UNICEF, “Protecting children on the move”, briefing note (November 2015).
19 Swedish Migration Agency.
20 According to the National System for Integral Family Development, most children and adolescents
who are in transit or in an irregular migration situation in Mexico were adolescent males with basic
education.
21 UNICEF Mexico.
41. In the United States, Customs and Border Protection officers and Border Patrol
agents encounter and identify unaccompanied children. After carrying out the necessary
administrative steps, they either transfer the child to an institution or, if permitted under the
limited circumstances provided by law, arrange for the child’s voluntary return. While they
are assigned accommodation, migrant children should not be in the custody of Customs and
Border Protection for more than 72 hours. However, they are in the custody of the Border
Patrol for extended periods of time, in temporary locations and under conditions that affect
their development and emotional health.22
42. In 2015, the number of migrant arrests in the United States declined but the number
of arrests and deportations from Mexico to Central America increased dramatically. This is
due in some degree to pressure exerted by the United States on Mexico.23 Despite the
decrease in arrests in the United States, repatriation practices are still common. In 2014,
14,352 Mexican children were repatriated by the United States. The corresponding figure
for the period from January to July 2015 was 6,772.24
43. In Mexico, immigration authorities detain unaccompanied migrant children from
Central America who are detected at points of entry and by patrols along railways and
roads. According to the Migration Act, the National Institute of Migration shall remove the
children and accommodate them in the facilities of the National System for Integral Family
Development. Contrary to the amendment to article 29 of the Migration Act, however,
children are detained for long and uncertain periods after being apprehended by the
immigration authorities.25 The National Human Rights Commission of Mexico has found
that of 35 migrant holding centres only 11 have areas for families and more than 50 per cent
lack specific spaces for the accommodation of children and adolescents. Moreover, the
focus of migration policy in Mexico is on the detention and return of irregular migrants,
including unaccompanied children. From January 2014 to June 2015, 14,864
unaccompanied migrant children were returned to their countries of origin.26
44. Other sources reveal that more than 85 per cent of unaccompanied migrant children
from Central America in Mexico end up being deported. Mexico does not comply with the
2011 reforms made in the Migration Act, including the requirement to consider the best
interests of the child before repatriating migrants.27
45. The massive number of child returnees and the lack of preparation to reintegrate
them is a severe issue in Central America. Of the children arrested by immigration
authorities in the United States in the first half of 2014, most came from Honduras
(13,282), Guatemala (11,479), Mexico (11,577), El Salvador (9,850) and other countries
(829).28 For instance, from 2012 to July 2014, El Salvador reported that 5,411 children and
adolescent migrants had been returned, of whom 96 per cent had come from Mexico;
34.7 per cent were girls and young women while 65.3 per cent were boys and young men.29
In 2015, 3,091 unaccompanied child migrants were returned to Honduras, 7,545 to
El Salvador and 9,613 to Guatemala.30
22 Information provided by the Asociación de Consultores y Asesores Internacionales.
23 WorldVision Latin America and the Caribbean Regional Office.
24 Mexico, Ministry of the Interior.
25 Information provided by the Congregation of Our Lady of Charity of the Good Shepherd, Mexico.
26 Mexico, Ministry of the Interior.
27 Centro de Derechos Humanos Fray Matías.
28 See www.oas.org/en/iachr/media_center/PReleases/2014/067.asp.
29 El Salvador, General Directorate of Immigration.
30 Information provided by the ministries of foreign affairs of El Salvador, Guatemala and Honduras.
46. Although some Governments in Latin America have participated in special training
sessions and workshops on childhood, migration and human rights, most migration officers
have no personnel assigned exclusively to work with unaccompanied migrant children.
There is almost no local authority or institution in the region that works specifically on that
topic. Despite the fact that legal frameworks to protect migrants and children are well
developed, there are no laws on unaccompanied migrant children as a specific category.
Some countries, including Nicaragua, have no migration policy at all, which means that
responses tend to be instrumental, short-term and uncoordinated.31
47. In South America, internal migration in Paraguay constitutes a special case. Children
are constantly displaced from rural areas to cities in order to be trafficked for labour
exploitation. This practice, commonly referred to as “criadazgo”, is widespread in Paraguay
and is organized by contractors who pretend to provide protection. Children become
involved in domestic work without any financial compensation, in exchange for shelter,
food, clothing and education. According to the findings of the Permanent Household
Survey, it is estimated that 46,993 children and adolescents (2.5 per cent of all children in
the country) are in a situation of “criadazgo”. Furthermore, authorities have perceived a
strong social legitimization and normalization of the practice.32
48. In Asia, the labour laws of countries such as India and Nepal allow the exploitation
of child workers by defining 14 years as the beginning of adulthood. Caritas Bangladesh
has reported that employers of children rarely consider the compensation they provide to
child workers or their families as the fulfilment of duties to the children, nor do they see
children as rights holders entitled to the right to fair treatment and compensation.
49. In India, which has the world’s largest population of children, the migration of
children within states and across state boundaries is increasing. Gender-related issues are
common causes of migration and human rights violations; in India, the main cause of
migration is gender-based discrimination and the low status of women in society, which
results in child marriage, a decline in the ratio of women to men and a division of labour
along traditional gender roles. Migrant girls are increasingly forced, as service providers, to
fulfil the demand for a vast array of personalized services in the entertainment and sex
industry, in domestic work and in the marriage market.33
50. In South Africa, the number of irregular migrants is difficult to determine; estimates
range between 2.5 million and 7 million. According to IOM, every week about 2,000
irregular migrants, mainly from Mozambique and Zimbabwe, are deported. Some 20 per
cent of them are children. These figures indicate that about 1.6 million migrant children
stay in Mozambique, South Africa and Zimbabwe.
51. According to the UNICEF Eastern and Southern Africa Regional Analysis Report
2014, the crisis in South Sudan has led almost half a million people to move. Over 70 per
cent of those people are children who then seek asylum in neighbouring countries like
Ethiopia, Kenya, the Sudan and Uganda. An estimated 35,000 are unaccompanied children.
52. Children transiting through Zimbabwe lack access to many social services. Once the
children are outside the family environment they are often left by themselves and may be
exposed to hard living conditions. That said, the reception conditions have improved in
recent years as child reception centres have been set up by IOM, UNICEF and the
31 Information provided by Aldeas Infantiles SOS, Nicaragua.
32 Information provided by Grupo Luna Nueva.
33 As the ratio of females to males in India continues to decline, young girls are trafficked into the
countryside and sold into marriage.
Government of Zimbabwe. Those centres provide basic social services for children and
allow for family reunification.
53. A number of children in Africa are born in countries of transit in very precarious
conditions. In Senegal, the phenomenon of talibés is growing. Talibé children are taken by
marabouts (Koranic teachers) to cities, allegedly for the purpose of learning the Koran. In
reality, the marabouts exploit the children and force them to pay money. Studies indicate
that there are some 15,000 children without a family in Dakar who are victims of
exploitation. In most cases, the children come from the southern regions or neighbouring
countries like Guinea-Bissau.34
54. In Haiti, the situation is among the most alarming in the Caribbean, as the country
has no reception structures dedicated to children. Unaccompanied children are kept together
with repatriated adults in transit centres operated by the Government. In general, the centres
do not meet the general standards in terms of hygiene, water and appropriate food.35
IV. Main human rights violations faced by unaccompanied migrant children and adolescents
55. A common denominator in almost every State is the lack of information about
human rights violations faced by unaccompanied migrant children.
56. Specifically, the rights under the Convention on the Rights of the Child that are most
often violated in respect of unaccompanied asylum-seeking children are the right to non-
discrimination, the right to development, the right to have a name and a nationality, the right to family reunification, the right to health and medical care, the right to education and
the right to special protection measures; in addition, the principles of upholding the best
interest of the child and of respecting the views of the child are often violated.36
57. Unaccompanied migrant children are among the most vulnerable groups, as such
children can be subjected to forced labour, drug trafficking, human trafficking and sexual
exploitation. Some face a situation of even greater vulnerability because they lack
documentation from their country of origin, making it difficult to regulate their migration
status and to access social services when arriving in a foreign country.
58. Discrimination based on race and ethnicity still exists in the United States, even in
governmental institutions. For instance, the Office of the United Nations High
Commissioner for Refugees (UNHCR) interviewed 100 Guatemalan children aged between
12 and 17 years who had entered the United States and were in federal custody. Of the total,
48 per cent identified as indigenous and complained of racism and discrimination against
their community.37
59. Trafficking for the purpose of sexual or economic exploitation, the removal of
organs and other forms of violence are the most severe violations experienced by migrant
children in Paraguay. These situations prevent access to other basic rights such as the rights
34 Information provided by Caritas Senegal.
35 Information provided by WorldVision Haiti.
36 The international legal principles that prescribe the responsibilities of States to unaccompanied
children are based on two main conventions: the Convention on the Rights of the Child, of 1989, and
the Protocol relating to the Status of Refugees, of 1967.
37 Center for Gender and Refugee Studies, University of California Hastings College of Law, and
others, Niñez y Migración en Centro y Norte América: Causas, Políticas, Prácticas y Desafíos
(February 2015) pp. 49 and 125.
to education, health, housing and a life free of violence. In response to the questionnaire,
Grupo Luna Nueva reported different kinds of violations: sexual and labour exploitation,
organ trafficking and the trading of girls for animals.
60. Human trafficking flows originating from sub-Saharan Africa have occurred mostly
within the region, with the majority of victims being children. According to the United
Nations Office on Drugs and Crime, Africa and the Middle East accounted for 62 per cent
of the global share of trafficked children between 2010 and 2012, the highest proportion in
the world.
61. In many countries of destination, migrant children commonly acquire a debt with the
trafficker/exploiter, who takes away their documents and uses threats and violence to
subdue them. The situation does not always improve when the children are sheltered with
local authorities. Children are said to be physically abused, both by civilians and by
government officials, as in the case of unaccompanied Zimbabwean children in Botswana
who were introduced illegally into the country.38
62. Unaccompanied migrant children in the Democratic Republic of the Congo are
victims of labour exploitation. They carry out heavy work for little money, for example in
artisanal mining, a job that prevents them from going to school and does not provide
medical care.39 According to UNICEF, there are approximately 40,000 children working in
mines across southern Democratic Republic of the Congo. Unaccompanied migrant
children are sometime arrested and jailed in adult prisons, as there are no juvenile prisons.40
A similar situation prevails in Malaysia, a State that does not recognize refugees and
asylum seekers since it has not signed the 1951 Convention relating to the Status of
Refugees. Children are constantly harassed by law enforcement officers and many have
been captured and placed in immigration detention camps, where no difference is made
between minors and adults.41
63. In India, as in other countries in Asia, the exploitation starts from the time children
leave home for the cities. On their way, they fear getting caught by the police. Once in the
hands of an “agent”, they are taken to an agency and kept there until work is found for
them. Physical and sexual abuse by agents and employers has been reported.42 In
Bangladesh, similar cases of abuse have been reported.
64. Migrant children in Spain, whether accompanied or not, are subject to a regime that
requires the administration to consider the best interests of the child in all proceedings
affecting them. Nonetheless, there is no authority yet that specifically deals with children
and young migrants.43
65. Through its General Law on the Rights of Children and Adolescents, Mexico
recognizes children and adolescents as rights holders and guarantees the full exercise,
respect, protection and promotion of their human rights. All children are full subjects of the
law. Therefore, they should enjoy the fundamental rights they are entitled to in their special
capacity as persons in development, which are protected and embodied in international
human rights instruments like the Convention on the Rights of the Child. In Mexico as is in
many countries in Latin America, despite national and international laws and the important
38 Reports by Terre des Hommes Zimbabwe.
39 Information provided by Congregation of Our Lady of Charity of the Good Shepherd, Democratic
Republic of the Congo.
40 Ibid.
41 Congregation of Our Lady of Charity of the Good Shepherd, Malaysia.
42 Information provided by Caritas India.
43 Information provided by the national ombudsman of Spain.
efforts made by Governments, there continues to be a big gap between the rights enshrined
in human right treaties, their incorporation into domestic law and day-to-day practice.
66. In Chile, even children of migrants born in the country used to be registered as
stateless because their parents were considered, owing to a biased interpretation of the
Constitution, to be “foreigners in transit” (transeuntes). The legal definition of “foreigner in
transit” changed two years ago, however, so that the term can only be applied to tourists
and crew members. Children born in Chile of foreign parents are considered Chilean.
Nonetheless, there are still reports of children who are registered as “children of foreigners
in transit”, which denies them the right to a nationality or official identity.44
67. In some European States, including Austria, children have to apply for asylum in
order to gain access to basic services and receive immediate legal representation, which is
first provided by the legal adviser at the initial reception centre and subsequently by the
provincial youth offices. Once the competent authorities have established contact with
migrant children, the competent authorities should provide a solution that addresses all their
protection needs, taking into account their views and favouring family reunification, except
when that is against their best interest or against their will. Progress in that respect has been
made in recent years. Specific laws based on the Convention on the Rights of the Child
have been adopted to guarantee that children and adolescents will be heard on all matters
affecting them.
68. In Guatemala, little has been done to enforce the right of children to freedom of
opinion and expression; there are many obstacles to the fulfilment of this right, such as
authoritarian attitudes among adults.45 The immigration policy of Guatemala lacks a human
rights approach, nor has the Government developed specific policies to protect, serve and
assist unaccompanied migrant children.46
69. El Salvador has an official mechanism for interacting with children in such a way as
to take their views into consideration. An advisory council formed by children and
adolescents representing the country’s 14 departments has been operating since 2014.47 In
addition, the specialized staff of the national council for children and adolescents assists
returnee children and conducts interviews with the aim of knowing their views, problems
and needs.
70. In Paraguay, the code dealing with childhood and adolescence (arts. 44-47)
established municipal councils for children and adolescents. The councils work with
representatives of children’s organizations. Despite the existence of such councils, many
organizations in Paraguay continue to complain about the lack of real and effective spaces
for active participation.48
71. New laws concerning the reception of foreign protection seekers, for instance in
Italy, envisage and consolidate children’s right to be heard in all matters affecting them. In
Belgium, a preliminary draft bill has been proposed that would ensure that all accompanied
children have the right to be heard, without the presence of their parents or legal guardians,
so that they can speak freely.49 Furthermore, children already have the right to refuse
accommodation provided by the responsible federal agency and to choose to live with an
44 Congregation of Our Lady of Charity of the Good Shepherd, Chile.
45 Information provided by Casa Alianza Guatemala.
46 Information provided by the Dirección de Investigación en Derechos Humanos, Procurador de los
Derechos Humanos, Guatemala.
47 Information provided by Aldeas Infantiles SOS, El Salvador.
48 Information provided by Grupo Luna Nueva.
49 The bill is expected to enter into force in 2016.
adult, who often is a member of their immediate or extended family. Children leave a
reception centre only once it is guaranteed that the adult in question can adequately
accommodate them.
72. In Serbia, the lack of proper measures by the responsible institutions means that the
language barrier hinders migrant children from explaining their situation. That also
effectively renders them unable to express their own opinion and prevents the authorities
from determining whether their choice was voluntary and what were the underlying reasons
that motivated them to migrate.50
73. In Honduras, there is a programme for underage foreign migrants, as part of which
trained technical teams attend to that population. There is no national policy that deals with
the issue of migrant children. Moreover, in the case of returnees, only one centre is
specialized to assist Honduran migrant children returning from abroad and undocumented
foreign-born children.
74. In Zimbabwe, migration policies take into account the protection of the rights of
migrants, but the practical implementation of those policies remains a challenge. Zimbabwe
recently passed the Anti-trafficking Act, which seeks to protect unaccompanied children.
Furthermore, the establishment of reception centres for unaccompanied children deported
from Botswana, Mozambique and South Africa (along the main borders in Beitbridge,
Plumtree and Nyamapanda) is based on the protection of the rights of children. Those
children are provided with basic social services such as temporary shelter, food, clothing,
medical care and, if possible, family reunification.
V. Gender considerations
75. As almost no information is provided by States on violations of human rights of
migrant children, information on gender-based violations is missing as well.
76. Despite the lack of information, gender does appear to have an impact on
international migration patterns in Mexico. For instance, a teenager named Maya Mam
stated in an interview that, in order not to be subjected to sexual abuse, she had to ask a
male fellow traveller to introduce her to others as his girlfriend, a pretence for which he
asked to be paid.51 Heterosexual women are not the only ones to be the target of gender-
based violence: discrimination and persecution has also been experienced by lesbian, gay,
bisexual, transgender and intersex children.52
77. Employment in domestic service is common for female migrants in Mexico, the vast
majority of whom are under the age of 18. Female migrants from Guatemala tend to have
indigenous origins. This vulnerable group has been subjected to labour exploitation and to
have been denied minimum labour rights, such as a legal contract and a legal residence
permit. Moreover, it is almost impossible for migrant girls to obtain temporary or
permanent residence status given the costs involved and the interests of their employers.53
50 National ombudsman of Serbia.
51 Center for Gender and Refugee Studies, University of California Hastings College of Law and others
(see footnote 38), p. 145.
52 Information provided by the General Coordinator of the Mexican Commission for Refugee Aid.
53 Centro de Derechos Humanos Fray Matías.
78. The authorities in Guatemala report that in many cases the danger of rape is so high
that traffickers themselves, in order to prevent pregnancy,54 force teenage girls to undergo a
contraceptive injection before starting on their journey.
79. Most victims of sexual exploitation are female. For instance, most of the
unaccompanied migrant children in Italy originating from Nigeria who are reported to be
victims of trafficking and exploitation are girls.
80. In Senegal, there is a clear gender dimension to the kind of work that migrants seek
to engage in. Thus, domestic work is mostly designated to female migrants and jobs that
require physical strength are mostly designated to males. The data indicate that migration
has gradually become more “feminized” and that Senegalese girls represent two out of three
victims of trafficking.55
VI. Regional and inter-State coordination
81. For the purpose of effective decision-making and ensuring the legal rights of
migrant children, many countries work with multi-agency coordination mechanisms
involving the authorities of the federal public administration, international organizations,
members of academia and civil society organizations. Various procedures are put in place
between ministers, government agencies and local institutions for the purpose of sharing
information and collaborating on the issue of migrant children, but in many cases these
procedures are not efficient or designed from a human rights perspective.
82. Cooperation between countries in Latin America is focused on the arrest and
repatriation of children and adolescents to their countries of origin, hence the invisibility of
children as stakeholders. The need for protection is often absent in analyses of situations
that expose children, which is why the granting of refugee status is not an option in most
cases, despite the fact that children sometimes have legitimate reasons and are eligible for
asylum. International collaboration is rarely focused on prevention.56
83. At the regional level, Mexico is part of the Regional Conference on Migration, a
multilateral forum on international migration for countries in the Caribbean and in Central
and North America dealing with issues concerning countries of origin, transit, destination
and return of migrants. The members of the Regional Conference on Migration have
formed an ad hoc group on migrant children in order to promote immediate action and
effective protection of unaccompanied migrant children during all phases of the migration.
However, despite its importance, this effort has had little real impact.
84. Regional treaties to which Mexico and States in Central America and the Caribbean
are parties do not impose specific obligations on countries of transit or destination with
respect to guarantees for children in migration processes, such as the prohibition of
detention, due process and the principle of the best interests of the child.57 Regional bodies
such as the Central American Integration System and the Central American Commission of
Directors of Migration58 have been key to the dialogue and the implementation of decisions
on migration. Although regional agreements for the free movement across borders such as
the Central America Four-Border Control Agreement and the single Central American visa
54 Information provided by Aldeas Infantiles SOS, Guatemala.
55 Information provided by Caritas Senegal.
56 WorldVision Latin America and the Caribbean Regional Office.
57 Centro de Derechos Humanos Fray Matías.
58 The Central American Commission of Directors of Migration is an initiative embedded within the
Regional Conference on Migration.
have favoured mobility within the region, efforts must be made to ensure the effective
protection of rights and the social integration of Central American migrants. There has not
yet been effective collaboration.
85. In 2014, the Inter-American Court of Human Rights issued its advisory opinion
No. 21 on the rights and guarantees of children in the context of migration and/or in need of
international protection. The advisory opinion was issued in response to a request made in
2011 by the States that were members of MERCOSUR at the time, namely Argentina,
Brazil, Paraguay and Uruguay. It was the first time that a block of States appeared before
the Inter-American human rights system with a common position on an issue of concern for
the protection of human rights in the region. Advisory opinion No. 21 is a regional
achievement that provides novel guidelines that define and expand the scope of the rights
and interests of migrant children. Furthermore, the opinion highlights the principle of the
primacy of childhood over immigration policy and, in that regard, the principle of
upholding the best interests of the child in all measures adopted under immigration
proceedings.
86. Youth Care is a network of private organizations structured by regional authorities
in Belgium. Through the network, non-governmental entities organize services that are,
however, recognized and funded by the Government. All children, regardless of their age
and the moment of reception, can at any time be referred to Youth Care, on condition that
they have “special” needs recognized by the authorities. The services provided include
reception in residential structures, foster care and guidance on living alone. Given the
nature of the services and the kind of funding available, Youth Care assists in a very
different way from how federal agencies operate in terms of the type of accommodation
and infrastructure, the number of staff, the training provided to staff and the number of
children living together. There are long waiting lists, however, for gaining access Youth
Care services and the network is not able to meet all the needs of the youngsters.
87. In Europe, there is some institutional collaboration for the purpose of protecting
unaccompanied children seeking asylum. The Dublin III regulation on family reunification
calls for collaboration on a case-by-case basis.
88. In Southern Africa, efforts have been stepped up through the implementation of joint
projects involving three countries. For example, the “Destination unknown” campaign,
which is being implemented in Mozambique, South Africa and Zimbabwe, is being funded
by Terres des Hommes Germany. That said, regional efforts and coordination need to
develop significantly if unaccompanied migrant children are to be protected.59
VII. Role of civil society
89. Many countries with serious migration issues have strengthened the relationship
between Government and civil society. In that regard, States recognize the work that civil
society organizations do in order to serve, assist and guide migrant children in their primary
or basic needs, as well as in the promotion of their human rights. Other reports, however,
such as the one presented by Caritas Myanmar, indicate that there continues to be a lack of
collaboration between government entities, international and national NGOs and United
Nations organizations.
90. Civil society plays a prominent role in uncovering the problem of insecurity,
providing services and a range of institutional networks with experience in migration and
59 Information provided by Terre des Hommes Zimbabwe.
ensuring that States guarantee all the fundamental rights of unaccompanied migrant
children.
91. Civil society intervenes in the area of prevention and in responding to the abuse,
neglect, violence and exploitation of children; they make sure that children have legal
documentation and that durable solutions to the specific needs of children are met, taking
into primary consideration the best interest of the child. Many organizations provide
educational and medical assistance, psychosocial support, food, shelter, water and
sanitation. Some NGOs have even brought legal actions in the case of severe violations
committed inside government agencies.
92. There are international NGOs and global networks like Casa Alianza and ECPAT
International that promote training programmes for staff and experts in the police, social
workers and youth welfare authorities on measures to protect child refugees from
trafficking and sexual exploitation and on general human rights protection.
93. Civil society has significant experience in communication and raising awareness of
the need to respect the human rights of migrant children. Thus, civil society organizations
have tried to reach institutions, social organizations, children, the media and the general
public in order to convey their views, generate structural changes and influence public
policies.
94. NGOs have demonstrated a far better level of coordination and cooperation than
States on migration issues. As an example, Caritas works with governmental and
international organizations for the protection of children. Caritas partners include national
ministries, UNICEF, IOM and the United Nations Educational, Scientific and Cultural
Organization. In Guatemala, there is a group coordinating civil society action on migration,
in the framework of which organizations such as Casa Alianza have participated in the
construction of proposed policies and in advocacy before the commission for migrants of
Congress. Moreover, the Regional Network of Civil Organizations for Migration represents
civil society organizations and individuals from 11 countries in Latin America at global
forums.
95. In Africa, the civil society organization Terre des Hommes plays the role of an
umbrella body for all NGOs dealing with children’s rights in Zimbabwe. It coordinates
activities and advises the Government on how to protect the rights of migrant children. It
monitors and evaluates every activity through periodic reports on the state of children’s
rights in Zimbabwe, which are then sent to the Committee on the Rights of the Child and
the Working Group on the Universal Periodic Review of the United Nations, the African
Committee of Experts on the Rights and Welfare of the Child and the Southern African
Development Community.60
96. Thanks to the useful cooperation among all relevant stakeholders operating in the
centres financed with European funds, many families have been reunified. For instance, in
Italy a father living in France was reunified with his children, who had no documents
proving their identity; the reunification was made possible by a DNA test.
97. The Federal Association for Unaccompanied Minor Refugees has been working to
improve the legal situation of children who arrive in Germany without the support of a
guardian through a project to enhance the social integration of young refugees. Numerous
obstacles often hinder integration, yet many adolescents succeed in actively leading a
socially committed life and fulfilling their personal goals.61
60 Ibid.
61 ECPAT International, Germany.
VIII. Recommendations
98. The Advisory Committee recommends that Member States should:
(a) Whether they are countries of origin, transit or destination, adopt a human
rights perspective and assume the same protection-related responsibilities towards
unaccompanied and accompanied migrant children, as the human rights of children have no
nationality or border;
(b) If they are States of origin, reinforce their legislative, administrative,
budgetary and political efforts to prioritize the rights of children, address the lack of basic
requirements, such as education, food and training for work, and provide special protection
against all forms of violence and discrimination, which are basic reasons why children
decide to abandon their lands. Local, national, regional and international protection systems
should be revised and strengthened. In most cases, the problem is not the lack of legislation
or of programmes designed to protect migrant children but the lack of effectiveness in their
application;62
(c) Design and implement migration policies guided by the child’s best interests
and ensure that there are funds earmarked for child migrant issues in the budgets of the
main government agencies;
(d) Whether they are States of origin, transit or destination, implement a
participatory national policy on child migrants. Such a policy would be based on a human
rights approach and take into account the financial, economic, social, cultural and
administrative aspects of child migration, in particular in relation to child trafficking and
labour exploitation;
(e) Eliminate the gap in the living conditions of unaccompanied migrant children
and the living conditions of children in the care of welfare authorities. Unaccompanied
migrant children should not be discriminated against because of their migration status;
(f) Make efforts to change the negative perceptions of migration in order to end
the criminalization of migrants. In many countries migration issues continue to be dealt
with from a perspective that prioritizes the protection of borders and security rather than the
protection of human rights;
(g) Bring domestic law into line with international standards, and review
outdated practices and laws. Many countries are not yet respecting the individual rights set
out in the Convention on the Rights of the Child. For example, regulations on the grounds
for expulsion and the procedure for carrying out such expulsion do not make special
mention of children. Meanwhile, legislation aiming at the protection of children does not
take into consideration the particular situation of unaccompanied migrant children;
(h) Develop boundary committees that allow partners from countries of origin,
transit and destination to meet and discuss issues and problems of common interest, and
improve coordination for more effective and efficient protection of the rights of
unaccompanied migrant children;
(i) Make efforts to incorporate, at every level of the migration and reception
system, staff who have been specially trained in how to treat children and in the rights of
the child. Regular training sessions for officials on how to treat unaccompanied migrant
children should be organized and implemented by the State;
62 Congregation of Our Lady of Charity of the Good Shepherd, Mexico.
(j) Ensure that the support centres serving as first points of contact for
unaccompanied migrant children have special and secure accommodation solely for that
particular group of children;
(k) Establish programmes, in centres, that give priority to the social integration
of migrant children, including language and integration courses, learning support,
educational programmes and preparing for independent living;
(l) Provide information to migrant children that is adapted to their age and
cultural conditions, using simple and clear language and the support of an interpreter, if
necessary;
(m) Process quickly and efficiently any application for asylum by an
unaccompanied child and ensure that, in the meantime, applicants are housed in shelters
that meet international standards;
(n) Continue to care for unaccompanied migrant children in the country of
destination, to support their transition to adulthood in that country;
(o) Take into account the different categories of unaccompanied migrant
children, their characteristics and their situations, in the design of policies and programmes
aimed at the realization of their human rights. Doing so should not, however, lead to
abandoning a holistic approach to children’s rights.
IX. Best practices
99. In order to face the increase in unaccompanied migrant children in Italy, a new
system was implemented in 2015 with the aim of setting up first-aid reception centres
dedicated to migrant children.63 The first health-care actions taken in respect of children in
Italy are regular steps aimed at the identification of any physical or psychosocial problems,
at the very early stages, in order to ensure adequate health and educational support during
the rest of the reception procedure. Customized psychosocial support is needed because of
the psychological and physical stress caused by the journey and the painful personal
experiences of migrant children.
100. In some countries, social workers, guardians, educators or legal representatives are
assigned to an unaccompanied migrant child before the asylum procedure begins.64 Those
persons accompany the child from the beginning of the application (first interview)
throughout the entire asylum-seeking process until a final decision is issued and applied.65
Asylum-seeking children have by law access to legal information from the beginning.
101. In many countries, operators of asylum centres are responsible for providing
schooling and other services aimed at maintaining and developing the skills of children.
Some national education laws have safeguards to ensure equal access to education for all
migrants at all levels. For instance, Germany is a desirable destination for migrant children
because of the support they receive and the special treatment granted by youth welfare
63 Information provided by the Ministry of Foreign Affairs and International Cooperation of Italy.
64 In some countries, temporary and permanent residence permits are granted to children only if the
application has been made by a legal representative.
65 In the United States, legal representation is provided to children in certain cases only. The United
States is not a party to the Convention on the Rights of the Child. Nevertheless, children have the
right to be represented in legal proceedings by counsel and there are various programmes available to
assist them.
authorities.66 Children in initial reception centres are quickly assigned to residential groups
and different measures — such as courses, including language courses, and school
assignments — are taken to foster integration.67
102. In Azerbaijan, some shelters provide food three times a day, special medical
assistance, housing and local language classes. Moreover, the United Nations High
Commissioner for Human Rights has the right to enter any of the housing centres without
prior notification and make recommendations that have to be implemented within a defined
period. Not every unaccompanied migrant child receives respectful and proper treatment in
Azerbaijan, however. As reported by the local ombudsman, children living on the streets
have been picked by NGOs and placed in shelters, where they received no effective
rehabilitation or professional legal aid.68
103. In some cases, as in Denmark, the institution that provides housing and shelter for
unaccompanied migrant children is the same that takes cares of non-foreign children in
need. That is also the case of Spain, where migrant children are often in centres with
Spanish children in need of protection.
104. In Lithuania, government institutions coordinate most efficiently when returning
migrant children, which they do without prioritizing what the child wants and without
taking properly into consideration the situation that the child is going to find in his or her
country of origin. If an unaccompanied migrant child is not returned to his or her country,
he or she is provided with a temporary residence permit that is valid for no longer than
one year.69
105. In Belgium, the Flemish parliament has approved the implementation of a decree on
“integrated youth care” that makes no distinction between asylum seekers and non-asylum
seekers, giving rights and legal status as someone in need of protection to every migrant
child irrespective of his or her origin and personal history. In 2009, the Government of
Belgium established a task force on unaccompanied migrant children that examined
possible actions to reduce the risks run by this group of migrants, particularly the risk of
being a victim of smuggling and human trafficking. The task force addressed several
recommendations to the minister in charge and emphasized prevention, detection,
identification and monitoring of unaccompanied children in situations of potential abuse.
106. The German Federal Child Protection Act applies to everyone under 18 years of age,
including unaccompanied migrant children and adolescents. The local youth welfare
authorities are responsible for taking concrete action to ensure the well-being of children
but these comprehensive protection measures cease to be applicable as soon as the person
turns 18.70
107. Pursuant to article 37 of the Convention on the Rights of the Child, the detention of
unaccompanied migrant children is a serious human rights violation, although an exception
is made in some countries, including Belgium: if a young person arrives at a border and
there is a doubt about his or her age, he or she can be held in detention for three working
days and, under exceptional circumstances, for another three working days. Once the
person’s minority has been proved, he or she has to be transferred to an observation and
orientation centre within 24 hours.
66 ECPAT International, Germany.
67 Information provided by the Congregation of Our Lady of Charity of the Good Shepherd, Germany.
68 Information provided by the national ombudsman of Azerbaijan.
69 Information provided by the national ombudsman of Lithuania.
70 ECPAT International, Germany.
108. Migrant girls are seldom accorded special treatment. However, specific measures,
such as the use of women interviewers within migration services in order to interview
female victims, have been recorded in Azerbaijan.
109. In an initiative to recover the national culture and identity of Azerbaijani migrants,
the ombudsman of Azerbaijan met with representatives of the Azerbaijani diaspora in
Norway and Prague and donated secondary school textbooks and publications about the
history and literature of Azerbaijan.71
110. Several States members of the European Union have implemented prevention and
development projects in third countries to try to address the situation of unaccompanied
minors who seek to travel to the European Union. Belgium has carried out several
awareness-raising missions to the countries of origin of large groups of migrants. The
Netherlands and Slovenia have implemented bilateral projects with Afghanistan. And Spain
has implemented a project to prevent irregular migration from Senegal.
111. As a State with serious migration issues, Mexico has specific institutional capacities
for the protection of migrant children. The National System for Integral Family
Development, through the Programme for the Protection and Integral Development of
Children, coordinates and oversees the operation of a strategy to prevent children from
migrating unaccompanied and to treat unaccompanied migrant children. Its aim is to
harmonize the efforts and actions of the three branches of government, private entities and
national and international civil society organizations to address the needs of young
migrants, including children, and returnees.
112. Most European countries have national programmes for protecting, receiving and
assisting migrant children. Some European countries are implementing interventions aimed
at creating a well-defined reception system with highly specialized structures and special
facilities. For instance, the Danish Immigration Service has two teams specializing in
interviewing unaccompanied children. Furthermore, it has developed internal guidelines
and all caseworkers are trained in interviewing techniques so that they are able to approach
unaccompanied children with age-appropriate questions.
113. In Italy, humanitarian visas are now being granted to vulnerable children who do not
receive refugee status. The procedure for granting humanitarian visas is established in
Italian law.
71 Information provided by the national ombudsman of Azerbaijan.