Table 4. Other human rights instruments relevant in the consideration of U.S. policies and procedures regarding unaccompanied children.

Human rights norm/principle	Human rights instrument
Non-refoulement	Article 33(1) of the Convention Relating to the Status of Refugees requests that states withhold the return of refugees to places where they can be at risk of persecution based on their “race, religion, nationality, membership of a particular social group or political opinion.” This provision also binds parties to the Protocol Relating to the Status of Refugees Article 3 of the Convention Against Torture lays out the obligation for the states not to return persons to places where they can be subjected to torture. In concluding observations on the U.S. 3rd to 5th combined periodic reports, the Committee against Torture stated that the U.S. should “take into consideration the current security situation in Mexico and in the Northern Triangle of Central America” and rethink the current use of expedited removal, as appropriate [63] The Guidelines for the Alternative Care of Children advise that children “must not be returned to their country of habitual residence” if: there is reason to believe that their safety is at risk, unless a parent or authorized agency has agreed and is able to take responsibility for the child upon their return; or reunification is generally not in the best interests of the child
Best interests of the child	The Guidelines for the Alternative Care of Children direct States to develop policies and procedures that foster communication and collaboration, and take the best interests of the most vulnerable, unaccompanied children into primary consideration The Resolution on the Rights of the Child, adopted by the General Assembly on December 18, 2013, stresses the importance of ensuring the best interests of the child as a primary consideration when developing policies of integration, non-refoulement, or family reunification
The entitlement of all human beings to basic human rights, regardless of their citizen status	The Guidelines for the Alternative Care of Children state that unaccompanied children should “enjoy the same level of protection and care as national children”
The right to life and security, including freedom from arbitrary arrest or detention	Article 11 of the Convention Against Torture requests that states “keep under systematic review … arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment …with a view to preventing any cases of torture.” In concluding observations on the U.S. 3rd to 5th combined periodic reports, the Committee against Torture noted that even with increased placement of unaccompanied children in foster care, many children continue to be detained in corrections-like facilities. The Committee recommends that the U.S. “develop and expand community-based alternatives to immigration detention” and “expand the use of foster care for unaccompanied children” [63]
Protection from armed confict, trafcking, and exploitation	The Resolution on the Rights of the Child, adopted by the General Assembly on December 18, 2013, calls upon States to protect minors who are refugees and asylum seekers, particularly those who have been exposed to violence, trafficking or armed conflict. It specifically mentions “unaccompanied migrant children and those who are victims of violence or exploitation…for receiving special protection and assistance”

This table outlines human rights principles and norms that pertain to the rights of unaccompanied minor children, using provisions from human rights documents, including: the 1951 Convention Relating to the Status of Refugees, 1967 Protocol Relating to the Status of Refugees, the 1984 U.N. Convention Against Torture, 2014 U.N. Committee Against Torture concluding observations on the third to fifth periodic reports of United States of America, the 2010 Guidelines for the Alternative Care of Children, and 2013 U.N. Resolution on the Rights of the Child