A/HRC/RES/15/16
Recalling further previous resolutions of the General Assembly, the Commission on
Human Rights and the Council on the protection of the human rights of migrants, the most
recent being Council resolution 12/6 of 1 October 2009 and Assembly resolution 64/166 of
18 December 2009, and recalling also the work of various special mechanisms of the
Council that have reported on the situation of human rights and fundamental freedoms of
migrants,
Reaffirming that everyone has the right to freedom of movement and residence
within the borders of each State, and to leave any country, including his own, and to return
to his country,
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 them in a particularly vulnerable situation, and recognizing the obligation of
States to respect the human rights of those migrants,
Bearing in mind the obligations of States under international law, as applicable, to
exercise due diligence to prevent crimes against migrants, to investigate and punish
perpetrators and, in accordance with applicable law, to rescue victims and to provide for
their protection, and that not doing so violates and impairs or nullifies the enjoyment of the
human rights and fundamental freedoms of victims,
Bearing in mind also that policies and initiatives on the issue of migration, including
those that refer to the orderly management of migration, should promote holistic
approaches that take into account the causes and consequences of the phenomenon, as well
as full respect for the human rights and fundamental freedoms of migrants,
Affirming that crimes against migrants and trafficking in persons continue to pose a
serious challenge and require a concerted international assessment and response and
genuine multilateral cooperation among countries of origin, transit and destination for its
eradication,
Aware that, as criminals take advantage of migratory flows and attempt to
circumvent restrictive immigration policies, migrants become more vulnerable to, inter alia,
kidnapping, extortion, forced labour, sexual exploitation, physical assault, debt servitude
and abandonment,
Stressing the obligation of States to protect the human rights of migrants regardless
of their legal status, and expressing its concern at measures which, including in the context
of policies aimed at reducing irregular migration, treat irregular migration as a criminal
rather than an administrative offence where the effect of doing so is to deny migrants full
enjoyment of their human rights and fundamental freedoms,
Emphasizing the global character of the migratory phenomenon, the importance of
international, regional and bilateral cooperation and the need to protect the human rights of
migrants, particularly at a time in which migration flows have increased in the globalized
economy and take place in a context of new security concerns,
1.
Takes note with appreciation of the study of the Office of the United Nations
High Commissioner for Human Rights on challenges and best practices in the
implementation of the international framework for the protection of the rights of the child
in the context of migration,1 and invites States to take into account the conclusions and
recommendations of the study when designing and implementing their migration policies;
1
2
A/HRC/15/29.