Rights of migrant workers in an irregular situation and members of their families 2013, para. 24
Paragraph
Paragraph text
The Committee considers that crossing the border of a country in an unauthorized manner or without proper documentation, or overstaying a permit of stay does not constitute a crime. Criminalizing irregular entry into a country exceeds the legitimate interest of States parties to control and regulate irregular migration, and leads to unnecessary detention. While irregular entry and stay may constitute administrative offences, they are not crimes per se against persons, property or national security.
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. 24.