ACERWC African Committee of Experts on the Rights & Welfare of the Child The box below demonstrates application of the best interest of the child in regard actions affecting an individual and children in general or in specific groups in the area of migration: For actions affecting children in general or specific groups of children of concern, such as, data collection, planning, resource allocation, project implementation, monitoring, or development of guidelines and policies, the best interests principle requires that due attention is given to their specific situation and protection risks. Measures will include: consultation with children through participatory assessments that are systematic, age-appropriate and gendersensitive; the collection of data by sex and age; giving primary consideration to the best interests of the child in resource allocation; the insertion of child-specific aspects in guidelines, policies, country operation plans, sub-project agreements and standard operating procedures; and many others. For actions affecting an individual child of concern to UNHCR, such as registration, the provision of appropriate temporary care, or tracing, the best interests principle requires UNHCR to assess what is in his or her best interests, before the action is taken, and to make this a primary consideration. While relevant for all children of concern to the Office, unaccompanied and separated children require special attention in identifying their best interests, given the particular risks that they face. UNHCR Guidelines on Determining the Best Interests of the Child (2008) p 20. In General Comment No. 14 the Committee on the Rights of the Child also notes that child’s best interest should be undertaken in each individual case, in view of specific circumstances of the child. The circumstances relate to, among others, sex, age, belonging to a minority group and disability.42 In determining the best interests of the child certain elements such as child’s views in line with Article 12 of the CRC must be taken into consideration.43 The Committee points out that the fact that the child is in a vulnerable situation like disability, belongs to a minority group or is a migrant neither deprive him or her the right to be heard nor reduces the weight given to the child’s views in determining his or her best interests.44 Further, the Committee underscores that a child’s situation of vulnerability such as being a refugee or asylum-seeker should be an important consideration in determining the child’s best interests.45 Importantly, best interests of a child on the move should be ensured expressly through individual procedures as an integral component of any administrative or judicial decision in regard to entry, residence or return of the child, the detention or expulsion of the parent.46 In order to implement the best interests principle in movement-related measures, best interests assessment and determination procedures must systematically be conducted as part of, or to inform, movement related decisions that affect the children.47 2.1.3 Survival and development The CRC under Article 6 places an obligation on states to recognize that ‘every child has the inherent right to life.’ Article 6 further requires that states ensure to the ‘maximum extent possible the survival and development of the child.’ Article 5(1) of the ACRWC provides that ‘every child has an inherent right to life’. Article 5(2) of the ACRWC requires that states to ensure to the maximum extent possible, the survival, protection and development of children. The child’s right 42 43 44 45 46 47 General Comment No. 14 (n 41 above) para 48. General Comment No. 14 (n 41 aobe) para 53. General Comment No. 14 (n 41 above) para 54. General Comment No. 14 (n 41 above) para 75. Joint General Comment No. 3 (n 30 above) para 30. Joint General Comment No. 3 (n 30 abobe) para 31. 22