Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 75The authorities should undertake an analysis of the situation in thecountry of origin in order to determine the well-foundedness of the fearof persecution. The UNHCR Excom considers that the situation must beassessed on an individual level, and that the use of “safe countries” listsmust not be blind and automatic. 136iv) Minors and particular protection for unaccompanied minorsThe CRC is the only universal human rights treaty expressly addressingquestions of refugee protection. Under Article 22 of the Convention,States must take particular measures to ensure that asylum proceduresprovide appropriate protection to children. 137 The Convention recognisesthe principle of the best interests of the child (Article 3) which mustbe the primary consideration in any measure which affects or mightaffect a child’s human rights. Unaccompanied minors, in particular, areunlikely to spontaneously file an application for asylum, and proceduresmust therefore ensure that as soon as it becomes known that the childmay have a well-founded fear or be at risk of persecution, they arereferred to an asylum procedure. 138 The unaccompanied or separatedchild will need the assistance of an appointed adult familiar with hisor her background who is competent and able to represent the child’sbest interests (a guardian or legal representative), and should be givenaccess to a qualified legal representative free of charge. 139 Applicationsby unaccompanied or separated children must be given priority anddecisions must be rendered promptly and fairly. The procedure musttake into consideration the need of the child to express his or her viewsfreely (Article 12), and always keep as the principal standard of considerationthe best interest of the child (Article 3). 140 The Committeeon the Rights of the Child has published a detailed General Commenton States’ obligations towards unaccompanied or separated children. 1412. Other forms of protection under international lawMany States or regional inter-governmental organisations (IGOs) haveestablished, since the adoption of the Geneva Refugee Convention, anarray of other forms of protection conceived for people who do not sat-136 Conclusion No. 87 (L) General, ExCom, UNHCR, 50 th Session, 1999, para. (j).137 An equivalent obligation is contained in Article 23 ACRWC.138 General Comment No. 6: Treatment of Unaccompanied and Separated Children Outside ofTheir Country of Origin, CRC, UN Doc. CRC/GC/2005/6, 1 September 2005, para. 66. See,also, General Comment No. 14 on the right of the child to have his or her best interest takenas primary consideration, CRC, UN Doc. CRC/C/GC/14, 29 May 2013; and, Unaccompaniedchildren in Europe: issues of arrival, stay and return, PACE, Resolution No. 1810 (2011),adopted on 15 April 2011.139 Ibid., para. 69.140 See, ibid., paras. 68–73.141 See, ibid.