The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 55
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- Upon arriving undocumented in countries of transit or destination, all migrants fall within the category of irregular migrants. Prompt and proper individual screening and assessment procedures are required in order to effectively identify their specific vulnerabilities and determine the legal protection frameworks that meet their needs. The lack of individual assessments and of the possibility for migrants to state their claims, outlining the risks they may face when returned to their countries of origin, creates a potential violation of the international principle of non-refoulement. The Special Rapporteur stresses that the principle is stronger as codified in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as absolute and without exception, than that found in refugee law, meaning that persons may not be returned even when they may not otherwise qualify as refugees under the Convention relating to the Status of Refugees or national law and even when national security is involved. Accordingly, non-refoulement under the Convention against Torture must be assessed independently of refugee or asylum status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases in which protection against refoulement under refugee law may not be available.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 55
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