Children should be treated first and foremost as children. When deciding upon and implementing the return and reintegration of migrant children, all actions must protect the rights of the child, and be guided by the best interests principle, as enshrined in the Convention on the Rights of the Child (read more on the Best interests of the child). This means that children should only return after an evaluation of the possible impact (positive or negative) of the decision has established that return is the best available option for the child or children concerned. This is particularly relevant in cases of unaccompanied children and separated children. The best interest of the child is determined through a best interest procedure.
A best interests procedure should give consideration to all the solutions that are available to the child, including local integration in the host country with a secure status, or moving to and integrating in a third country. It should pay attention to factors affecting the child’s development and survival; whether they can return to safe and adequate conditions, including socioeconomic conditions in the child’s country of origin; taking into account the family environment and whether the child can be provided proper care and custody (Office of the United Nations High Commissioner for Human Right [OHCHR], 2018). (See Child migration for definitions and explanations on how to carry out a best interest process.)
If return is considered to be in the best interests of the child, arrangements should be made for the adequate (psychological) preparation of the child as well as for reintegration support (for example, language training or access to education) after return.
In the case of unaccompanied or separated migrant children, further support measures are necessary. These include:
- Supervision during travel (for instance, by trained escorts or specialized airport services);
- Reception at the airport or at the final destination, including by the (authorized representatives of) parent(s) or legal guardians;
- Procedures to transfer care and custodial responsibilities.
Return to institutional care should only be considered as a last resort; re-establishing family unity should always be given preference, unless family members are a risk to the child. The child’s guardian should be fully involved in assisting the child during the return process, and measures should be taken to ensure safety and assistance if needed during the return (IOM, 2018a).