Every day migrant children arrive in Europe, some of them alone, without parents or relatives. These minors are often traumatised and utterly vulnerable. It is obvious that they must be met with care and respect for their rights.

The question is: what concrete government measures would be most appropriate in order to protect these children?

Several European governments are currently considering a simple solution to quickly return them to new reception centres – orphanages of sorts – established in their country of origin.

Authorities in Denmark, Netherlands, Norway, Spain, Sweden and the United Kingdom are reported to be looking into the possibility of sending children back to such institutions in Afghanistan, Iraq or a couple of countries in Africa.

Before entering into such a policy it is essential to clarify who these migrating children actually are.

In general, they have an extremely sad background. Some have fled persecution or war. Many have left their country to avoid being forcefully recruited to militias or other armed groups. Others have run away from poverty and destitution, some are victims of trafficking. Many of them suffer exploitation and abuse. Those who have been separated from their families are obviously at particular risk.

All European states have ratified the Convention on the Rights of the Child which obliges them to give special protection and assistance to children deprived of their family environment. It also requires every child’s best interests to be considered as a primary factor in all actions concerning the child. This means that immigration control should never override the best interest of the child.

Reception facilities in war-torn countries

Migrant minors are first and foremost children, and they have the same rights as other children. For obvious reasons, it is particularly important that states take care to apply durable measures for those who are unaccompanied and separated.

A number of options should be considered, including integration in the country of destination, relocation to another country or return and reintegration in the country of origin. A decision should be taken only after a careful assessment of the child's best interest, including their safety and protection in each case.

There are certainly cases where it would be best for the child to go back to the home environment, especially if there exists a caring family context. However, we should be aware that minors who have migrated in many cases have done this with the support of their families, who wanted them to escape from hardship and severe risks.

These problems are not overcome by taking them to collective care centres in the same country. To establish such institutions in war-torn or dysfunctional countries is hardly offering a durable solution to these children - even if it may be seen as a quick "solution" in the deporting country.

The current discussion within the EU on adopting an Action Plan on unaccompanied and separated minors provides an opportunity to rethink these return plans and to support European states in finding proper durable solutions. In this work the recommendation of the Council of Europe for unaccompanied migrant minors should serve as a reference. The Committee of Ministers recommends that states adopt a holistic approach for separated children, and offer them a real life project.

We have a duty to protect these children

The key is that they have a right to protection. The first step should not therefore be to automatically decide on return, but rather to designate rapidly a guardian who would represent the interest of the child. This is the best protection against any abuse from traffickers, but also from possible negligence by authorities in the host country.

If it is decided that a return will better serve the short and long-term interests of the child, efforts should be made to trace and find the parents or other relatives of the child, and a reintegration plan should be drawn up in cooperation with existing child protection structures at local level.

During my missions I have met quite a number of unaccompanied minors who have managed to find their way to Europe, most of them between 15 and 18 years of age. Their problem was less the separation from parents - however difficult - than the threats and grim prospects in the home country. For them the child institutions there would be no solution.

We have a responsibility to these children. Whatever possible difficulties of integration and accommodation they might face here in Europe, the answer should not be to send them back regardless of the consequences. A humane society takes these problems more seriously.

Thomas Hammarberg is Commissioner for Human Rights at the Council of Europe. This blog is reposted by permission.