Human Rights Council
Resolution 9/5.
Human rights of migrants
The Human Rights Council,
Reaffirming the Universal Declaration of Human Rights on its sixtieth anniversary, which
proclaims that all human beings are born free and equal in dignity and rights and that everyone is
entitled to all the rights and freedoms set out therein, without distinction of any kind, in
particular with regard to race, colour or national origin,
Recalling previous resolutions adopted by the Commission on Human Rights and
the General Assembly on the protection of migrants,
Recalling also the provisions concerning migrants contained in the outcome documents of
all major United Nations conferences and summits,
Considering that every State must ensure the protection of human rights of all individuals
within its territory and subject to its jurisdiction, without discrimination of any kind, including
in particular on the basis of national origin,
Recalling the judgment of the International Court of Justice of 27 June 2001 and advisory
opinions OC 16/99 of 1 October 1999 and OC 18/03 of 17 September 2003, issued by the
Inter-American Court of Human Rights, on the right to information on consular assistance in the
framework of the guarantees of the due process of law and on the juridical condition and rights
of undocumented migrants, respectively,
Taking note of the judgment of the International Court of Justice of 31 March 2004 in the
case of Avena and Other Mexican Nationals (Mexico v. United States of America) and recalling
the obligations of States reaffirmed therein, as well as in the subsequent rulings of the
International Court of Justice following that judgment,
Concerned at the large and growing number of migrants, especially women and children,
who attempt to cross international borders without the required travel documents, which places