Rights of migrant workers in an irregular situation and members of their families 2013, para. 50

Paragraph
Paragraph text
The principle of non-refoulement, as contained in international and regional human rights and refugee law, is the prohibition on forcibly removing anyone, in any manner whatsoever, to a country or territory where they would be at real risk of persecution or serious human rights violations or abuses. In the view of the Committee, this principle covers the risk of torture and cruel, inhuman or degrading treatment or punishment, including inhumane and degrading conditions of detention for migrants or lack of necessary medical treatment in the country of return, as well as the risk to the right to life (arts. 9 and 10 of the Convention). It also applies to situations where individuals would not be protected from onward refoulement. The Committee is of the view that migrants and members of their families should be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life. Migrants and members of their families in an irregular situation with international protection needs should also be protected against expulsion.
Legal status
Non-negotiated soft law
Body
Committee on Migrant Workers
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Governance & Rule of Law
  • Movement
Person(s) affected
  • Families
  • Persons on the move
Year
2013
Paragraph type
Other
Reference
CMW General Comment No. 2, Rights of migrant workers in an irregular situation and members of their families (2013), para. 50.
Paragraph number
50