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Note: The International Labour Organization (ILO) Recommendation concerning Migration for Employment (Revised) (RO86 (1 July 1949)), adopted contextually to the ILO Convention (No.

Bilateral labour migration agreements – Agreements concluded between two States, which are legally binding and are essentially concerned with inter-State cooperation on labour migration.

The best interests determination imposes to take into consideration the child well‐being, which is determined by a variety of individual circumstances, such as the age, the level of maturity of the child, the presence or absence of parents, the child’s environment and experiences (UNHCR, UNHCR Guidelines on Determining the Best Interests of the Child (2008) p. Note: Article 3(1) of the Convention of the Rights of the Child stipulates “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”((adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3). 14 on the Right of the Child to Have His or Her Best Interests Taken as a Primary Consideration (art. Source: United Nations Committee on the Rights of the Child, General Comment No. … (c) A rule of procedure: Whenever a decision is to be made that will affect a … child, the decision-making process must include an evaluation of the possible impact (positive or negative) of the decision on the child or children concerned….

Best interests of the child (principle of) – A threefold concept: (a) A substantive right: The right of the child to have his r her best interests assessed and taken as a primary consideration … and the guarantee that this right will be implemented whenever a decision is to be made concerning a child… (b) A fundamental, interpretative legal principle: If a legal provision is open to more than one interpretation, the interpretation which most effectively serves the child’s best interests should be chosen.See also international protection, migrant, refugee (mandate), refugee (1951 Convention) Source: United Nations High Commissioner for Refugees, Master Glossary of Terms (2006). Not every asylum seeker will ultimately be recognized as a refugee, but every recognized refugee is initially an asylum seeker. In countries with individualized procedures, an asylum seeker is someone whose claim has not yet been finally decided on by the country in which he or she has submitted it. Asylum seeker – An individual who is seeking international protection.See also country of origin, reintegration

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In some cases, an assessment may be needed by qualified professionals to determine the extent to which a person is capable to take such a free and informed decision, and who, should the person lack such a capacity, could legally take the decision on his or her behalf.Īssisted voluntary return programmes may provide different levels of assistance to reintegration and, in some cases, they don’t provide any assistance to this effect.

Note: In the context of assisted voluntary return and reintegration, voluntariness is assumed to exist if two conditions apply: (a) freedom of choice, which is defined by the absence of physical or psychological pressure to enrol in an assisted voluntary return and reintegration programme and (b) an informed decision which requires the availability of timely, unbiased and reliable information upon which to base the decision. Assisted Voluntary Return and Reintegration – Administrative, logistical or financial support, including reintegration assistance, to migrants unable or unwilling to remain in the host country or country of transit and who decide to return to their country of origin.Examples of alternatives to detention include measures ranging from policy or legislative developments that have an impact on preventing unnecessary detention, to effective screening and identification procedures, community-based or casework-oriented models, bail, bond and surety options, open or semi‐open centres, reporting requirements and case resolution options. Note: International human rights law provides that detention, including in the migration context, must only be used as a last resort, that is when alternatives cannot be applied. Source: Adapted from International Detention Coalition, There Are Alternatives: A Handbook for Preventing Unnecessary Immigration Detention (revised edition, 2015) p. Alternatives to detention – Any legislation, policy or practice, formal or informal, aimed at preventing the unnecessary detention of persons for reasons relating to their migration status.