III.
Accountability: Access to effective remedies, protection and
justice
i.
Accountability of States and UN bodies on strengthening monitoring and implementation
of UN treaty body and UPR recommendations
34. States must be held accountable not only for the content of their laws and policies, but for their
actual implementation. This requires rigorous follow-through on recommendations issued
through the Universal Periodic Review (UPR) and treaty body processes, with clear timelines,
measurable indicators, and transparent reporting mechanisms. At present, there is no
consistently effective system to monitor whether States fulfil their human rights obligations in
practice, and this weakens accountability for preventing and responding to child trafficking among
stateless populations.
35. To address this gap, States and UN bodies should engage and take effective action to strengthen
national monitoring frameworks and ensure independent oversight of implementation, including
through regular data collection18 and civil society participation. In parallel, treaty bodies should
intensify their scrutiny of statelessness as a structural driver of child trafficking, issuing more
frequent and targeted recommendations, and systematically tracking progress on guaranteeing
nationality for all children, identity documentation, identification procedures in asylum systems,
protection, and access to effective justice and remedies. Only through consistent monitoring and
sustained pressure can States be compelled to translate international commitments into real
protection and justice for stateless children affected by trafficking.
ii.
Avenues for safe migration
36. States have a positive obligation to ensure that migration systems do not create or exacerbate
vulnerability to trafficking. This requires establishing child-centred migration pathways that are
accessible irrespective of nationality or documentation, implementing firewalls between
migration enforcement and child protection, and ensuring access to legal identity, guardianship
and basic services. In addition, States must establish proper identification systems and effective
statelessness determination procedures to identify and protect children who lack nationality or
whose status is unclear.
37. Safe migration avenues should provide legal certainty and continuity, including pathways to
regularisation or nationality where appropriate, in order to prevent re-trafficking. The provision
of such pathways and of robust identification and statelessness safeguards, is a key indicator of
State accountability in preventing child trafficking among stateless children in mixed movements.
iii.
Anti-trafficking responses must holistically address statelessness as a root cause and
structural driver of child trafficking
18 Only 6 out of 1723 UPR recommendations made on statelessness were received on data collection, monitoring and reporting. Institute on
Statelessness and Inclusion, ‘Database on statelessness and human rights’, available at: https://database.institutesi.org/.
10