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. Author manuscript; available in PMC: 2018 Aug 1.
Published in final edited form as: J Immigr Minor Health. 2018 Aug;20(4):1000–1010. doi: 10.1007/s10903-017-0577-5

Table 2. CRC articles relevant in the consideration of U.S. policies and procedures regarding unaccompanied children.

Human rights norm/principle Article
Best interests of the child Articles 2 and 3 state that all actions regarding children take their best interests into primary consideration
The entitlement of all human beings to basic human rights, regardless of their citizen status Article 20 states that children who are “deprived of his or her family environment…shall be entitled to special protection and assistance provided by the State”
Article 22 requests that States offer refugee children the same protection as any other child resident, provided that States are unable to unify them with family
The right to life and security, including freedom from arbitrary arrest or detention Article 37 states that “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”
The right to freedom from all forms of violence Article 19 instructs States to take “appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment of exploitation”
Article 37 charges that “no child shall be subjected to torture, cruel, inhuman or degrading treatment or punishment”
Protection from armed conflict, trafficking, and exploitation Articles 34, 35, 36, 39 obligate States to protect all children from armed conflicts, trafficking, and exploitation, including sexual and economic exploitation
The right to health Article 24 instructs States to recognize the right of the child to enjoy the highest attainable standard of health, and provide necessary medical care to all children
The right to due process Article 12 directs States to give “due weight” to the views of the child, depending on the child's age and maturity
Article 12 mandates States to provide an opportunity for the child “to be heard in any judicial and administrative proceedings afecting the child, either directly, or through a representative or an appropriate body”

CRC Convention on the Rights of the Child. This table utilizes specific articles from the U. N. Convention on the Rights of the Child to highlight rights violations with regard to unaccompanied minors' rights