66 article 3 reinforces the functionality of the right to be heard enshrined in article 12 to facilitate the essential 291 role of the children in all the decisions that affect their lives.” 310. In addition, the Court stated that law operators, whether in the administrative or the judicial sphere, must take into account the specific conditions of the child and their best interest to agree on its participation, as appropriate, in the determination of his or her rights. This consideration will seek greater access to the minor, to the extent possible, to the examination of his or her own case[…] Additionally, the Court considers that children should be informed of their rights to be heard directly or through a 292 representative, if desired. 311. The Court also noted that according to what has been established by the Committee on the Rights of the Child, the right to be heard not only covers the right of every child to express their views freely in all matters affecting them, but also the subsequent right that those views are properly taken into account, depending on the age and maturity of the child. In the opinion of the Court, that means not just 293 listen to the child but that his or her views must be seriously considered. 312. Similarly, the Committee on the Rights of the Child recommended the State of Dominican Republic to adopt a procedure to acquire nationality which is applied to all children born in the Dominican 294 Republic in a nondiscriminatory manner and to make sure that no child becomes stateless as well as to ensure that children are heard in all administrative and judicial proceedings which affect them and to make aware and train adults in family, school and community as well as in all institutions for children to 295 respect the views of children and their participation in all matters affecting them. 313. The Commission has maintained that irrespective of the immigration status of a migrant child or adolescent, States must gear the measures they adopt with a view to preserving the principle of family unity. States ought not to resort to the institutionalization of children who are immigrants, asylum seekers or seeking complementary protection or who are stateless children as a means of preserving family unity; instead, the principle whereby a child is detained only as a measure of last resort should also serve to protect the other members of the child’s family. 314. The Commission has learned that all too often, the States’ response to these children’s cases is to keep them in custody; the best they can hope for is that they are kept in custody alongside their families. In other cases, children held in custody are even separated from their families. The United Nations Special Rapport on the Human Rights of Migrants has observed that: “the ideal utilization of a rights-based approach would imply adopting alternative measures for the entire family; States should therefore develop policies for placing the entire family in alternative locations to closed detention 296 centres.” 315. The Commission shares the position that various international organizations have taken to the effect that migrant children –whether accompanied by their families, unaccompanied or separated from their families- should not, as a general rule, be detained. Where detention is exceptionally justified, it shall never be solely on the basis of the child being unaccompanied or separated, or on his/her 291 UN, Committee on the Rights of the Child, General Comment N° 12, para. 74. I/A Court H.R., Case of Atala Riffo and Daughters vs. Chile. Merits, Reparations and Costs. Sentence of February 24, 2012. Series C N° 239, para. 199. 293 I/A Court H.R., Case of Atala Riffo and Daughters vs. Chile. Merits, Reparations and Costs. Sentence of February 24, 2012. Series C N° 239, para.200, citing Committee on the Rights of the Child, General Comment N° 12, para. 15. 294 UN, Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the Convention, Concluding observations : Dominican Republic, 11 February 2008, CRC/C/DOM/CO/2, para. 40. 295 UN, Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the Convention, Concluding observations : Dominican Republic, 11 February 2008, CRC/C/DOM/CO/2, para. 33. 296 United Nations, Report of the Special Rapporteur on the human rights of migrants, Jorge Bustamante. A/HRC/11/7, May 14, 2009, paragraph 62. 292