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Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 66
- Paragraph text
- The enjoyment of human rights by migrants, regardless of immigration status, is a crucial means to ensure equitable human development and social development and justice for migrants. Migrants can play an active role in the social and economic development of host countries and contribute to the development of countries of origin and transit, particularly when their human rights are fulfilled in a manner that ensures equal opportunities and gender equality. Human rights, together with gender and age-sensitive strategies, should therefore feature prominently and systematically as an integral part of the overall strategy to achieve development in the context of migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 67
- Paragraph text
- Migration governance should be clearly human-centred, and grounded in human rights law, and it should therefore recognize the inherent dignity of every human being, promote equality and the prohibition of discrimination and fully incorporate the principle of equal opportunities and choices for all so that everyone, regardless of immigration status, can develop their own unique potential and have a chance to contribute to development and social progress. Ensuring that all migrants, regardless of their immigration status, enjoy their internationally recognized human rights at all stages of the migratory processes in countries of origin, transit and destination should be the guiding principle of migration governance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 68
- Paragraph text
- In the Special Rapporteur's view, the international community has created an important momentum for enhanced international cooperation in addressing the multifaceted issues raised by the international movement of people, as advocated by the Secretary-General in his report on international migration and development in 2005. In his view, it is imperative that human rights are fully incorporated in all migration-related processes and that a rights-based approach to migration features prominently at the policy and decision-making levels on migration governance-related issues. In light of the foregoing, the Special Rapporteur wishes to put forth a number of general recommendations for further consideration and action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 71
- Paragraph text
- Efforts directed to adopt a human rights-based approach to migration governance should be redoubled. States and other stakeholders should systematically be guided by, and further the realization of, human rights standards contained in and principles derived from the Universal Declaration of Human Rights and other international human rights instruments, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in all migration initiatives, including those implying multi-stakeholders cooperation and technical assistance and in all phases of the migration process.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 89
- Paragraph text
- States should ensure that evictions are carried out only in exceptional circumstances and in accordance with international human rights law. Affected individuals should be fully consulted and informed in advance of any planned evictions in languages they understand, and should be provided with alternative accommodation and compensation, and due process rights. In this regard, the Special Rapporteur encourages States to refer to the Basic Principles and Guidelines on Development-Based Evictions and Displacement formulated by the Special Rapporteur on adequate housing (A/HRC/4/18, annex).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72e
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that the Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment are applied to all migrants under administrative detention. The principles include the provision of a proper medical examination as promptly as possible and medical treatment and care whenever necessary and free of charge; the right to assistance, free of charge if necessary, of an interpreter and a legal counsel; the right to communicate with the outside world, in particular family and counsel; the right to obtain, within the limits of available public resources, educational, cultural and informational material;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72i
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that legislation prevents trafficked persons from being prosecuted, detained or punished for illegal entry or residence in the country or for the activities they are involved in as a consequence of their situation as trafficked persons. In this respect, the Special Rapporteur invites States that have not yet done so to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72j
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Taking into due consideration the particular vulnerabilities of specific groups of migrants including victims of torture, unaccompanied older migrants, migrants with a mental or physical disability and migrants living with HIV/AIDS. Detention of migrants belonging to vulnerable categories and in need of special assistance should be only allowed as a measure of last resort, and they should be provided with adequate medical and psychological assistance;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 73
- Paragraph text
- The Special Rapporteur would like to remind Governments that alternatives to detention should not become alternatives to unconditional release, whenever such release is a possibility. Governments should put in place safeguards to ensure that those eligible for release without conditions are not diverted into alternative measures. Alternatives to detention should have a human rights-based approach, be established by law, be non-discriminatory and be subject to judicial review and independent monitoring and evaluation. In designing alternatives to detention, Governments should pay attention to the specific situation of particular groups of migrants, such as children, pregnant women and persons with disabilities, and use the least intrusive measure possible.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 82
- Paragraph text
- Make sure that passports and other identity documents are not confiscated, and make the withholding of such documents an offence, with appropriate penalties, and effectively prosecute violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 85
- Paragraph text
- Ensure that medical care is available to all migrant workers, including irregular and temporary migrants, and that it is not dependent on the production of identity documents or residency permits.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 74
- Paragraph text
- A complex network of actors is involved in the current system of recruitment for low-wage economic migrants, including: many different components of the State architecture in countries of origin and destination, recruiters themselves, subcontractors of recruiters, employers, direct contractors of employers that use migrant workers, parent companies and other business entities further up the supply chain, domestic households, trade unions, business associations, civil society organizations, workers themselves, friends and families of migrants, and regional and international organizations. The complexity of the network of all those involved, and the opaque and underground way in which unethical recruitment takes place, makes it difficult to fully understand the system and to develop clear accountability for the rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92i
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States ensure that trade agreements include provisions for migrants to directly access public courts and tribunals, including by ensuring the availability of translation and legal resources for migrants to file individual or collective complaints where their rights have been violated as a result of a trade agreement; and monitor access to labour-related administrative services, tribunals and courts to ensure that migrants do not face obstacles in accessing effective relief for violations of their rights;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93b
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] Explore, jointly with migrants, migrants' associations and trade unions, opportunities to increase the level of public involvement in the negotiation and drafting of trade agreements, which would include disseminating information during trade negotiations and introducing a range of participatory mechanisms that would enable migrants to submit queries, comment on or take part in the negotiation and drafting of all relevant investment and trade agreements;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93c
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When entering into trade agreements, undertake comprehensive ex ante and ex post human rights impact assessments that consider the rights of migrants through direct consultations with migrants, migrants' associations and trade unions, and, on the basis of these assessments, include relevant general exception clauses and other compensatory, adjustment, grievance and remedial mechanisms - which may include minimum wage provisions, welfare funds to support migrant workers, strengthened consular support, voluntary insurance schemes for migrants and other housing or transitional assistance - and termination clauses, among other measures;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 68
- Paragraph text
- Detention for immigration purposes should never be mandatory or automatic. According to international human rights standards, it should be a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available. Governments have an obligation to establish a presumption in favour of liberty in national law, first consider alternative non-custodial measures, proceed to an individual assessment and choose the least intrusive or restrictive measure.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72b
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that migrants in detention are accurately informed of the status of their case and of their right to contact a consular or embassy representative and members of their families. Migrants and their lawyers should have full and complete access to the migrants' files;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 94
- Paragraph text
- [To the European Union and its member States] Convey a road map for the evolution of this policy by developing a full 25-year strategy that outlines clear short-, medium- and long-term interventions and that articulates a shared vision for how the European Union can bank on mobility over a generation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 93
- Paragraph text
- [To the European Union and its member States] Invest in the overall development of a coherent and robust migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 76
- Paragraph text
- The Special Rapporteur acknowledges that many of these mechanisms are not, in and of themselves, illegitimate. Yet, in each of his four country missions, he observed that human rights and legal guarantees have not been adequately developed, thereby undermining the legitimacy, legality and validity of such mechanisms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 106
- Paragraph text
- Empower migrants, whatever their status, to defend their own human rights without fear of retribution, provide them with appropriate normative, institutional and programmatic tools in that regard, and support them in their fight against abuse and exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 134c
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and States should consider raising the following issues:] Measures to ensure awareness-raising on the human rights of migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 71
- Paragraph text
- As a matter of fundamental principle, States should fulfil the "minimum core obligation" to ensure the satisfaction of minimum essential levels of primary health care as well as basic shelter and housing for all individuals within their jurisdiction, regardless of their citizenship, nationality or immigration status, including migrants, migrants in irregular situations, migrant children and women. In times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 75b
- Paragraph text
- [States should consider that irregular migrants are generally in a very vulnerable condition and that irregularity is due to several factors (including restrictive migration policies, social exclusion and marginalization as well as demand for labour in countries of destination). States should accordingly:] Design and implement programmes, plans and policies to address irregular migration in a comprehensive and holistic way, without resorting to its criminalization;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 123
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Develop better policy coherence between the work of the different Directorate Generals of the European Commission in relation to migration. Aim to connect the humanitarian work of the Directorate General for Humanitarian Aid and Civil Protection, with the broader work of the Commission on migration, particularly the Directorate General for Migration and Home Affairs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 91
- Paragraph text
- [Ensure that the human rights of all migrants concerned is the primary consideration in the negotiation of any migration cooperation agreements with non-European Union countries, including readmission agreements, technical cooperation with coastguards, or mobility partnerships. This should include, but not be limited to, technical and financial support for:] Support for migrants rights civil society organizations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 78
- Paragraph text
- Embassies and consulates of countries of origin should play an active role in protecting the rights of their nationals, such as by providing counselling, shelter, travel documents and return tickets, and assisting in legal proceedings. Additionally, trainings should be organized systematically for migrants in their home country prior to their departure, and include information on their rights and duties in the country of destination, information on complaint mechanisms, and provide basic language training.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 79
- Paragraph text
- States should provide appropriate training to civil servants working in the area of migration and health and sensitize them on the issues of discrimination against migrants, particularly with respect to migrant women and girls and children. States must ensure that migrants are not denied access to health care due to uncertainty among public service providers, such as nurses and doctors, about what the law allows them to do for migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 108
- Paragraph text
- The post-2015 agenda must address the freedom from fear and from want. Countries that have been seen as success stories of the Millennium Development Goals have also seen massive social unrest and political upheaval. Economic growth alone is not an adequate measure of development. The post-2015 agenda must address economic, social and cultural rights, together with civil and political rights, to achieve peaceful societies, access to justice and political participation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109c
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Promote equality and non-discrimination as a stand-alone goal, with particular attention paid to the most marginalized groups, including migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 92
- Paragraph text
- In this context, States must collectively recognize that migration is part of the solution to global environmental challenges, and planned and facilitated migration policies are legitimate coping mechanisms that may ease individuals, groups and communities out of situations of vulnerability. Moreover, States should recognize that territorial sovereignty should never be a permanent obstacle to migration when it has been determined that international migration is an appropriate coping mechanism.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 126
- Paragraph text
- Migrants should always be seen first and foremost as human beings with inherent human rights, rather than agents for development. In this regard, a human rights framework for global migration governance is needed. Only when conceived of in terms of human rights will migration be able to fulfil its potential as an enabler of human development. The universal human rights framework must therefore guide all development cooperation and programming in all parts of the United Nations system relevant to migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 77
- Paragraph text
- For example, the Special Rapporteur repeatedly witnessed inadequate procedures for detention, including the failure to respect legal, procedural and substantive guarantees, the detention of persons without prospect of removal, the detention of children, and an absence of alternatives to detention. Similarly, return procedures, particularly when facilitated through readmissions agreements, failed to provide the necessary safeguards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Make easily available all the services necessary for ensuring effective access to justice for all migrant workers, such as legal aid, interpretation and translation services, information about rights and available remedies, as well as humanitarian visas to return to destination countries to testify and otherwise pursue justice. Bilateral agreements between countries of origin and destination should address the provision of such services
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 82
- Paragraph text
- States should prohibit ethnic profiling of migrant communities as a form of discrimination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 87e
- Paragraph text
- [In cases where, exceptionally, detention of migrants is justified, this should not be made in facilities for criminals. Migration-related detention centres should not bear similarities to prison-like conditions. In connection with immigration detention facilities, States should bear in mind that:] Social protection (including access to education, health care, recreation and legal assistance), as well as contact with family in both countries of destination and origin, should be guaranteed: contact should also be facilitated with immigrant communities in destination countries and civil society institutions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 92a
- Paragraph text
- [Alternative measures should be systematically considered by States before resorting to immigration detention. States should ensure that the conditions and criteria to choose alternative measures do not discriminate in law or practice against particular groups of non-nationals, whether on the basis of their origin, economic situation, immigration or other status. These means also should be:] The least intrusive and restrictive in order to attain the same objectives of immigration-related detention, such as avoiding that migrants abscond and guaranteeing their presence in court or at administrative proceedings;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 92b
- Paragraph text
- [Alternative measures should be systematically considered by States before resorting to immigration detention. States should ensure that the conditions and criteria to choose alternative measures do not discriminate in law or practice against particular groups of non-nationals, whether on the basis of their origin, economic situation, immigration or other status. These means also should be:] Subjected to legal review and migrants should therefore be granted the possibility of challenging them before a judicial or other competent and independent authority or body.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 75d
- Paragraph text
- [States should consider that irregular migrants are generally in a very vulnerable condition and that irregularity is due to several factors (including restrictive migration policies, social exclusion and marginalization as well as demand for labour in countries of destination). States should accordingly:] Promote multi-pronged and multi-stakeholder initiatives, preferably including civil society and migrants themselves (such as research, advocacy strategies, policy discussions, etc.) in order to examine the context-specific and human rights-based options to address irregular migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 80
- Paragraph text
- The Special Rapporteur encourages the establishment and implementation of institutionalized services and programmes to provide comprehensive support and protection to persons arriving in mixed migratory flows, especially women, children and the elderly, including means to detect those who are in need of international protection. Protection services should include access to humanitarian assistance in the first instance, including adequate food and water, and access to health services, legal advice and effective asylum procedures. Longer term needs should include access to durable solutions in the case of persons in need of international protection and support for return to the community of origin for those people who are deemed able to return with no risk to their human rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 91
- Paragraph text
- The Special Rapporteur recognizes that while no place will be protected from the impacts of climate change, already fragile environments are most vulnerable, including in particular, megadeltas, small island developing States, low-lying coastal zones, arid areas, polar regions, and places affected by sudden and extreme natural disasters. Particular groups living in these high-risk areas may thus be more affected than others, as will societies that are highly dependent on the environment for their subsistence needs. However, vulnerabilities may be exacerbated by political and social factors, with specific groups such as women, children, minority groups and indigenous peoples, often particularly vulnerable to the effects of climate change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 138
- Paragraph text
- The Global Forum should also consider discussing topics related to migration in general, not necessarily seen from the development perspective.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 127
- Paragraph text
- All States should establish human rights-based, coherent and comprehensive national migration policies. These policies should address the "pull" factors for irregular migration, namely the unrecognized need for migrant labour in destination States, including for low-skilled workers, and the corresponding need to open up a greater number of regular migration channels, which would lead to fewer instances of irregular migration, less smuggling of migrants, less exploitation of irregular migrants and less loss of life. In this respect, States must ensure that "irregular employers" are sanctioned, labour exploitation is punished and migrants, including those in an irregular situation, have access to national courts and tribunals, which should effectively apply the international human rights treaties in providing appropriate redress. States should implement a "firewall" between immigration enforcement and public services and improve data collection and indicators in all areas relevant to migration in order to make informed policy decisions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 129
- Paragraph text
- States should recognize the need for a stronger human rights-based institutional framework for migration at the United Nations. This could, in turn, have a positive effect on informal migration governance outside the United Nations, including the Global Forum on Migration and Development and regional consultative processes. In this respect, the Special Rapporteur urges all United Nations Member States to consider the possibility of creating a new organization with a specific mandate on international migration. This could be achieved, inter alia, by bringing IOM into the United Nations system. However, the Special Rapporteur notes that this would require that IOM be given a revised mandate that should include at its core the protection of the human rights of all migrants. The new "IOM-based" agency should also be provided with adequate resources that are not project-driven only.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 88
- Paragraph text
- Recognize the right of all migrants, including those in an irregular situation, to form and join organizations, including trade unions, and recognize these unions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Enforce a zero-tolerance policy on the payment of recruitment fees among workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Audit supply chains and ensure human rights due diligence with all contractors and subcontractors
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Provide a mechanism ensuring the refunding to migrants of all detected recruitment fees
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Develop effective and accessible mechanisms for migrants to recover improper recruitment fees from employers and recruiters
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 90
- Paragraph text
- To achieve sustainable success, the European Union must consider how its founding principles and normative standards apply to those who are not citizens of its member States. It must use fact-based analysis and rational, long-term thinking to challenge the many negative conceptualizations that underpin current social and policy debates relating to migration within the Union. These include the strict delineation between internal and external migrants, the idea of irregular migrants as being "illegal", the preoccupation with irregular, non-European Union migration as being a "burden" within the context of continuing fiscal challenges and the perception of migrants as being "job stealers" who deprive native citizens of economic opportunities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 107
- Paragraph text
- [To the European Union and its member States] Improve the coherence of the Global Approach to Migration and Mobility, integrate rigorous human rights, due diligence, monitoring and oversight mechanisms into all external agreements and prioritize projects in countries of origin and transit that will improve the human rights of migrants. For example, as suggested by the European Union Agency for Fundamental Rights, prioritize support that improves search and rescue operations within efforts to build the border management capacity of non-European Union States, as well as support for national human rights institutions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 112
- Paragraph text
- [To the European Union and its member States] In line with the best interests of the child principle, step up protections afforded to migrant children, particularly unaccompanied minors, and families with children. Aim to eradicate the detention of children completely and to respond adequately to the vulnerability of children in reception and social protection provisions. Age verification is not a justification for detention and member States should move towards a model that assumes vulnerability and responds by providing adequate protection, given the particularly damaging impact of even short periods of detention on children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 113
- Paragraph text
- [To the European Union and its member States] Remove barriers to access to justice ensuring migrants can effectively - and not simply on paper - access legal remedy for violations of their rights. Facilitating access to justice, without fear of detection, detention or deportation, in order to help migrants fight for their rights, would go a long way towards, on the one hand, legitimizing new migration policies by showing that territorial sovereignty and human rights are not incompatible, and, on the other hand, changing mentalities regarding migration through fighting fantasies and stereotypes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72k
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Applying stateless status determination procedures to stateless migrants, and provide persons recognized as being stateless with a lawful immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 96
- Paragraph text
- States should endeavour to develop these alternatives in consultation with local non-governmental organizations with expertise in meeting the needs of migrants. This could be done, for example, through joint initiatives between Government authorities and non-governmental organizations for release and supervision of irregular migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Ensure that labour inspection is extended to all sectors that employ migrant workers, including domestic work in private houses
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Have clear policies in place for how to tackle the detection of unethical recruitment practices within business operations and/or in the supply chain
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Refrain from the confiscation of workers' passports at all times and any other restrictions on migrants' freedom of movement
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Support unionization and a realization of the rights to free of association and assembly, as a way to empower migrants and allow them to access justice
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Support migrant workers' rights to freedom of assembly and association and collective bargaining. Engage in fair dialogue with trade unions representing migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Share and build upon best practices in the current system to develop new business models that are compatible with international human rights and labour standards
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ensure the total elimination of wage discrimination on the basis of nationality
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. C.
- Paragraph text
- [Recommendations to international organizations] Improve coordination on the issue of recruitment fees among migrant workers across different United Nations agencies
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Engagement with the private sector] Work with the private sector more broadly to ensure that their perspective is included within legal and policy debates
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 81
- Paragraph text
- Migration is here to stay. The inclusion of migration in the Sustainable Development Goals demonstrated the importance of migration today and the commitment of States to addressing it. The unprecedented number of undocumented cross-border movements has resulted in increased deaths, violence and suffering at borders and at every stage of the migratory process over the past few years. Such events have clearly shown that the status quo in the approaches of States to border control and migration is not sustainable if the objective is to reduce suffering and deaths. They have also underlined the increasing importance of migration. In the high-level plenary meeting on addressing large movements of refugees and migrants and its outcome document, the New York Declaration, migration was firmly established as a priority issue within the United Nations system, and the need of States to commit to the protection of the human rights of migrants and improved global migration governance was acknowledged.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 113
- Paragraph text
- States should recognize the important role played by consular offices in the protection of migrants and ensure that they are sufficiently resourced and given an explicit mandate to intervene on behalf of their nationals who are in irregular situation, including those in detention centres. The Special Rapporteur encourages consular offices to share good practices and strengthen cooperation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 76
- Paragraph text
- States are obligated under international human rights law to provide essential primary health care for migrants, including preventative and palliative care, irrespective of their immigration status. To this end, there is a need to clarify or define the entitlements of the right to health for migrants at the national level, as well as the scope and function of the existing public reimbursement schemes. A distinction must be made between entitlement and access to health services for migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 82
- Paragraph text
- In view of the specific health risks to which migrant women and girls are exposed, the gender dimension often involved in migration and the structural power relationships which frequently govern women's access to health care, States should provide adequate, appropriate and specialized medical assistance to migrant women and girls. States of origin should also provide free or affordable gender-sensitive pre-departure information and training programmes which raise migrant women's and girls' awareness of potential risks to their health.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 83
- Paragraph text
- Recognize the fact that sealing the external borders of the European Union is impossible, that migrants will continue arriving despite all efforts to stop them, and that, at some point, repression of irregular migration is counterproductive, as it drives migrants further underground, thereby empowering smuggling rings, and creating conditions of alienation and marginalization that foster human rights violations, such as discrimination and violence against migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 85
- Paragraph text
- Create a harmonized set of minimum standards of rights for migrants in an irregular situation, in compliance with international human rights law. In this regard, take due account of the report of the European Union Agency for Fundamental Rights (FRA) on "Fundamental rights of migrants in an irregular situation in the European Union", and urge all European Union member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 86
- Paragraph text
- Encourage more solidarity and responsibility-sharing among European Union member States in relation to borders, asylum and migration, in accordance with article 80 of the Treaty on the Functioning of the European Union and the Communication on enhanced intra-EU solidarity in the field of Asylum. In this respect, consider fundamentally revising the recast Dublin regulation and the underlying principles thereof, which in its current form counterproductively overburden the asylum system of external border States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93a
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When negotiating trade agreements, seek technical support from United Nations organizations and specialized agencies, notably OHCHR, ILO, WTO and UNCTAD, to help ensure that the relevant provisions in such agreements respect, promote and fulfil international human rights standards;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 70
- Paragraph text
- In conclusion, the realization of the rights to health and adequate housing plays a crucial role in the integration of migrants in host societies. Obstructing and limiting access to services, institutions and goods that give effect to such fundamental rights represents not only violations of migrants' human rights, but also obstacles to migrants' inclusion and their active participation in the host States. In the view of the Special Rapporteur, such denial of human rights carries significant costs not only to migrants and their home countries, but also to host countries, including social disintegration and public health dangers. Despite progress made as a result of a number of encouraging good practices, the Special Rapporteur considers that many challenges lie ahead and wishes to make the following recommendations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recapitulation of main thematic issues (irregular migration and criminalization of migrants; protection of children in the migration process; the right to housing and health of migrants) 2011, para. 22
- Paragraph text
- In recapitulating the concerns and findings gathered in the exercise of his mandate, the Special Rapporteur reiterated concern at the increasing intolerance towards migrants and their vulnerability to potential racist or xenophobic violence, trafficking and smuggling and the fact that migrants with irregular status often fear to seek protection from authorities and are hence left without access to basic social rights. He stressed that migration can be an essential component of development and prosperity in all countries of origin, transit and destination around the globe. The Special Rapporteur thanked the Human Rights Council for the privilege and opportunity of serving the mandate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 78
- Paragraph text
- The Special Rapporteur would like to thank the Human Rights Council for the privilege and opportunity he has had to serve in this capacity. Unfortunately migrants are facing increasing intolerance and are becoming more vulnerable to potential racist or xenophobic outbreaks of violence, or they may fall prey to criminal traffickers and smugglers. Those with an irregular status are often afraid or unable to seek protection and relief from the concerned authorities and are often left without access to basic social rights, particularly health care, education and housing. However, migration can be an essential component of development and prosperity in countries of destination, transit and origin in all regions of the world, and migrant labour continues to be vital, and in demand, in most countries around the globe.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 79
- Paragraph text
- The Special Rapporteur has proposed a few possible themes to be further developed and highlighted the relevance of these issues to the mandate, taking into account a human rights perspective. These two issues, migration in the context of climate change and political participation and civil rights of migrants, are gaining interest and momentum. Further discussion on these themes would allow the mandate to present innovative approaches to these aspects involving migration and they underscore the need for a human rights perspective in global discussions among stakeholders.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72c
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that the law sets a limit on the maximum length of detention pending deportation and that under no circumstance is detention indefinite. There should be automatic, regular and judicial review of detention in each individual case. Administrative detention should end when a deportation order cannot be executed;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72d
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that migrants under administrative detention are placed in a public establishment specifically intended for that purpose or, when this is not possible, in premises other than those intended for persons imprisoned under criminal law. The use of privately run detention centres should be avoided. Representatives of, inter alia, national human rights institutions, OHCHR, UNHCR, ICRC and NGOs should be allowed access to all places of detention. All migrant detention facilities - whatever their form - should be subject to a common set of standards, policies and practices and should be monitored by an independent central authority that is dedicated to ensuring compliance with the common set of standards, policies and practices;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 122
- Paragraph text
- There is thus a need to enhance the human rights dimension of global migration governance, including in terms of accountability, and to bring it back to the United Nations, including by establishing a United Nations-based institutional framework on migration. There has been considerable movement and interest shown over the past decade in terms of the two High-level Dialogues on International Migration and Development, the creation of the Global Forum on Migration and Development and the Global Migration Group and recent growth in IOM membership, as well as the development of regional initiatives, both through regional organizations and regional consultative processes. Thus, there seems to be some recognition of the need for more migration governance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 141
- Paragraph text
- The Human Rights Council should consider holding an annual panel discussion on the human rights of migrants, with a different thematic focus each year.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 143
- Paragraph text
- The Secretary-General should strive to strengthen the Global Migration Group through his leadership and guidance, including the Group's role in relation to the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 131
- Paragraph text
- States should ensure that the human rights of migrants are included in the post-2015 development agenda.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 132
- Paragraph text
- The High-level Dialogue on International Migration to be held in 2013 is an important moment to reflect on the mainstreaming of human rights into all aspects of the migration debate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 78
- Paragraph text
- In addition, the influence of the European Union as a regional organization with competence in the field of migration cannot be overlooked. Given the importance for neighbouring countries of securing visa facilitation or liberalization regimes for their own development, the European Union must insist on a human rights framework in all its negotiations on migration. Any approach that omits to fully integrate human rights and legal guarantees can be termed repressive, and undermines the capacity of the European Union to act as a model for the protection of human rights worldwide.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 68
- Paragraph text
- A large part of the labour exploitation that migrants suffer is linked to recruitment agencies, which extort high recruitment fees, despite this being prohibited by the ILO Private Employment Agencies Convention, and deceive prospective migrants on their prospective salaries, job descriptions, working hours, overtime, days off, lodging and social protection. International standards on business and human rights provide that private actors must as a minimum respect the human rights of their workers. The private sector, including recruitment agencies and employers, play an important role in labour exploitation of migrants, and must therefore be part of the solution. Governments must effectively regulate the recruitment industry.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109f
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Ensure the systematic disaggregation of indicators by migrant status (e.g. by nationality and by migration and residence status), in addition to disaggregation by all prohibited grounds of discrimination, including age, gender, income, disability, rural/urban area, nationality and disability, in all relevant goals;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 116
- Paragraph text
- [To the European Union and its member States] European Union member States should be weaned off their reliance on cheap labour provided by migrant workers in specific economic sectors and should ensure labour rights are upheld for all, including migrants, including irregular migrants, through full implementation of the employers sanctions directive and rigorous labour inspection. Long-term investment in enforcement of the labour and human rights of all workers, including migrant workers, whatever their status, will allow the Union to fill the inevitable increase in gaps in its labour markets in an efficient and organized way.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 85
- Paragraph text
- The events in the Mediterranean Sea and the mirroring of this suffering across each stage of the migratory process within the past two years have clearly shown that the status quo in relation to the European Union's approach to border control, asylum and migration is not sustainable. The ability of migrants to reach European soil despite a huge investment in securing borders demonstrates beyond a doubt that sealing international borders is impossible. Migration is a long-standing part of the human condition and, in the globalized and conflict-ridden world in which we live, it is inevitable.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 71
- Paragraph text
- The Special Rapporteur calls on States to adopt a human rights-based approach to migration and review their legislation and policies on detention of migrants, ensuring that national laws are harmonized with international human rights norms that prohibit arbitrary detention and inhumane treatment.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 134e
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and States should consider raising the following issues:] Measures to ensure the effective protection of the human rights of children in States of transit and destination;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Support the implementation of standard contract terms specifying job description, wages and labour conditions
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Integrate human rights due diligence in relation to the recruitment of migrant workers into investment decisions
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Explicitly feature the human rights of all migrant workers in all company and trade association codes and guidance
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 83
- Paragraph text
- The Special Rapporteur considers the global compact for safe, orderly and regular migration, which is to be presented for adoption in 2018, as the beginning of a long-term, 15-year agenda, complementary to the 2030 Agenda for Sustainable Development and aimed primarily at implementing targets 10.7 and 8.8 of the Sustainable Development Goals. The objective is to provide States with short-, medium- and long-term achievable goals and targets aimed at facilitating migration and mobility and protecting the human and labour rights of migrants, as requested in the 2030 Agenda.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Develop country-level and regional policies on tackling exploitative and abusive recruitment practices, which bring together the perspectives of the multiple stakeholders involved in the recruitment process, articulate a clear vision for eliminating abuse and exploitation, and precisely define the roles and responsibilities within the complex network of actors who contribute to international recruitment
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 75c
- Paragraph text
- [States should consider that irregular migrants are generally in a very vulnerable condition and that irregularity is due to several factors (including restrictive migration policies, social exclusion and marginalization as well as demand for labour in countries of destination). States should accordingly:] Take into account the root causes of migration and the importance of creating legal channels for migration in policymaking initiatives so that they can be comprehensive, human-centred and incorporate human rights;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 87b
- Paragraph text
- [In cases where, exceptionally, detention of migrants is justified, this should not be made in facilities for criminals. Migration-related detention centres should not bear similarities to prison-like conditions. In connection with immigration detention facilities, States should bear in mind that:] States should hold private security firms that are hired to police immigration detention facilities accountable for upholding the rule of law and compliance with human rights;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 87c
- Paragraph text
- [In cases where, exceptionally, detention of migrants is justified, this should not be made in facilities for criminals. Migration-related detention centres should not bear similarities to prison-like conditions. In connection with immigration detention facilities, States should bear in mind that:] Officials working in immigration detention facilities should be trained in human rights, cultural sensitivities, age and gender considerations and the particular needs of vulnerable populations;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 97
- Paragraph text
- The Special Rapporteur recommends the development of standardized procedures to ensure access to asylum procedures as well as an assessment of the situation in the country of origin or habitual residence of the rejected asylum-seekers before deciding on their repatriation. In this regard, States should follow the several country-specific guidelines issued by UNHCR in order to avoid returning rejected asylum-seekers whose appeals have been exhausted to countries where they may be at risk of human rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109a
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Recognize that migration interacts with development in the communities in which migrants live in many areas, including the economy, social development, health, education and cultural life;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109b
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Build upon the success of the Millennium Development Goals and provide clear, concise, time-bound, measurable and human-rights-based goals, targets and indicators, especially for migrants, whatever their status and circumstances;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 95
- Paragraph text
- Continue to work towards the elimination of child labour for migrant children. Enhance government oversight in industries where there are large numbers of migrant child labourers working in hazardous conditions, such as in domestic work and agriculture. Ensure that labour inspectors are trained and knowledgeable about child labour. Ensure that migrant children have access to education on the basis of equal treatment with nationals. Ensure that children of migrants are registered upon birth, regardless of the migration status of the parents.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 109
- Paragraph text
- [To the European Union and its member States] Take stock of the systemic failure of the Dublin mechanism. Reverse the present logic by allowing asylum seekers to register their asylum claims in the country of their choice within the European Union, while supporting the countries receiving asylum claims with proportionate and adequate financial and technical support.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 91
- Paragraph text
- [Ensure that the human rights of all migrants concerned is the primary consideration in the negotiation of any migration cooperation agreements with non-European Union countries, including readmission agreements, technical cooperation with coastguards, or mobility partnerships. This should include, but not be limited to, technical and financial support for:] Access to justice by migrants
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 95
- Paragraph text
- [To the European Union and its member States] Invest in filling data gaps - such as those around underground labour markets, labour exploitation of migrants, deaths at sea and push and pull factors - to develop evidence-based policies. In addition, increase harmonization and coordination in respect of migration data sources to develop a systemic picture.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 117
- Paragraph text
- The Special Rapporteur welcomes policymaking discussions on migration in international policy platforms. The Special Rapporteur also welcomes the efforts made by the Global Migration Group to tackle migration issues from a human rights perspective, to be led by OHCHR. He also encourages inter-institutional coordination at the national level, including through specific mechanisms and with the participation of civil society, consular services, local governments and the private sector, for the development and implementation of migration policies that adopt a human-centred perspective.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 93b
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] Considering the difficulty of obtaining reliable data on climate-change-induced migration, States, and especially States with economic means, should provide more support for research on climate-change-induced migration, including on the definition of such migration, and the production of reliable disaggregated statistical data, that would allow policymakers at all levels of governance to identify the populations most at risk of climate-change-induced displacement and develop strategies to alleviate their vulnerability;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 93c
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] In their assessment and planning programmes for devising mitigation and adaptation strategies in order to cope with climate change, States must identify the priority vulnerable populations who are susceptible to migrate internally or internationally for causes at least partly related to climate change, as well as those who should migrate but are not able to do so, and identify their specific needs;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72a
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that procedural safeguards and guarantees established by international human rights law and national law are applied to any form of detention. In particular, grounds for detention of migrants must be established by law. A decision to detain should only be taken under clear legal authority, and all migrants deprived of their liberty should be informed in a language they understand, if possible in writing, of the reasons for the detention and be entitled to bring proceedings before a court, so that the court can decide on the lawfulness of the detention. Migrants in detention shall be assisted, free of charge, by legal counsel and by an interpreter during administrative proceedings;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 123
- Paragraph text
- States can commit to more migration governance while at the same time maintaining their sovereignty in relation to deciding who enters and stays in their territory.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 70
- Paragraph text
- Establish coherent and comprehensive gender-sensitive national migration policies addressing all stages of the migration process, coordinated across government and developed in widespread consultation with national human rights institutions, the private sector, employers' and workers' organizations, civil society and migrants themselves, and with the support of international organizations. Ministries responsible for, inter alia, health, education, employment, children and social policies should be fully involved in the elaboration of such migration policies. The policies should have a human rights-based approach, and should include ethical recruitment practices, effective implementation of labour standards for all migrant workers, meeting labour needs at all skills levels, and more effective matching of labour supply and demand.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 73
- Paragraph text
- Ensure that policymakers and the public are continually educated about the human and labour rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 74
- Paragraph text
- Improve data collection and indicators in all areas relevant to labour migration in order to make informed policy decisions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 75
- Paragraph text
- Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 76
- Paragraph text
- Ratify the ILO Fundamental Conventions and the migrant workers Conventions (C.97 and C.143), as well as C.181 concerning private employment agencies, and C.189 concerning decent work for domestic workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 80
- Paragraph text
- Ensure that all workers receive a contract in a language they understand, and that they are protected against contract substitution. Ensure that the contract signed by the worker in their home country is respected in the destination country, and that the work they perform is in accordance with their contract. Bilateral agreements between countries of origin and destination should strengthen human rights protection, and include a model contract which sets out the rights of the worker, including working conditions, and salary. Use certified recruitment agencies, and ensure that they do not work with non-registered sub-agencies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 93
- Paragraph text
- Extend labour protection in national law to domestic workers, including by formulating provisions related to minimum wages, payment for overtime, working hours, working conditions, days of rest, annual leave, freedom of association and social security protection, including with respect to maternity, pension rights and health insurance, as well as effective recourse and remedies. Ensure that migrant domestic workers have a written contract, in a language they can understand, stating their specific duties, working hours, remuneration, days of rest, and other conditions of work. Model contracts should be adopted for this purpose. Persons who abuse domestic workers should be prevented from hiring more domestic workers in the future. Labour inspections should be undertaken also in employers' households, and regular meetings should take place between domestic workers and a labour inspector outside the household, in order to combat abuse. Ensure that migrant domestic workers have access to complaint mechanisms and legal assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 96
- Paragraph text
- Combat abuse against irregular migrants, and implement sanctions against employers who exploit them. Countries of destination should establish regular migration channels based on the demand and recognized labour needs. They should consider regularization processes in order to avoid, or resolve, situations in which migrants are in, or at risk at becoming, in an irregular situation. They should also refrain from systematic detention of irregular migrants, and rather rely on non-custodial alternative measures, in line with the Report of the Special Rapporteur on the human rights of migrants of 2 April 2012 (A/HRC/20/24).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 86
- Paragraph text
- Guarantee that all migrant workers have an adequate standard of living, including adequate food, water, clothing and housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 100
- Paragraph text
- Ensure that migrants, including those in an irregular situation, can access human rights institutions, courts and tribunals, without fear of being deported. Legal aid and interpreters should be provided as required. Courts should effectively apply the international human rights law and international labour law in providing appropriate redress. Migrants who have filed cases against abusive employers should be allowed to remain in the country, and be given necessary assistance to take part in the trial against their employer and obtain justice. They should be provided with temporary immigration status that allows them to live in dignity until the case is resolved, including shelter - not detention - and food when needed.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Engagement with the private sector] Lead by example in the development and implementation of the human rights due diligence undertaken in relation to government contracts. Prioritize and reward ethical recruitment agencies within the contracting of government work and ensure that the costs of ethical recruitment are factored into the tendering process. Have a zero-tolerance policy on the charging of fees and broader abuses of migrant workers' rights in any part of government supply chains. Ensure regular and robust independent audits to ensure compliance
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Data collection] Ensure that all data collection systems include disaggregated metrics to fully understand labour migration and recruitment patterns
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Comply with all relevant international human rights and labour standards
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92k
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States, civil society, migrants' associations and trade unions invest in the targeted collection of data to increase understanding of the impact of trade agreements on the human and labour rights of migrants and ensure the information is publicly available; and conduct studies that include data disaggregated by gender, age, race and national origin, among other categories, on recruitment and the irregular, informal and low-skill sectors;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 91
- Paragraph text
- The Special Rapporteur realizes that there is no one-size-fits-all solution to today's global challenges but he hopes that shedding light on this important area and offering recommendations will serve as point of departure for further exploring the issues and identifying practical solutions. It is only if we take active measures to merge human rights and trade considerations that we will mitigate the inherent power imbalances in the global economy and the asymmetrical emphasis on economic efficiency and short-term gains to the detriment of migrant labour. Facilitated and well-regulated mobility that is supported by comprehensive and robust institutional frameworks is necessary to ensure inclusion and equity in the enjoyment of the benefits of trade.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92a
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States ratify the core international human rights treaties, particularly those that recognize the rights of migrant workers, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the ILO fundamental conventions, the ILO migrant workers conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)), other ILO conventions (particularly, the Labour Inspection Convention, 1947 (No. 81), the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), and the Domestic Workers Convention, 2011 (No. 189)), all other conventions that may offer protections for migrant workers, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the Convention relating to the Status of Refugees;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Persons on the move
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] As part of this rating scheme, develop and maintain a blacklist of unethical agencies, which exploit and/or facilitate broader human rights and labour law abuses
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 76
- Paragraph text
- The Special Rapporteur would like to encourage States that have not yet done so, to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 134g
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and States should consider raising the following issues:] Measures to ensure the human rights of migrants at borders, both at entry and during expulsion procedures;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 72
- Paragraph text
- Improve the recruitment process, including through the effective regulation of private recruitment agencies and sub-agents/brokers, and abolish the practice of recruitment fees for migrants, as these fees should be covered by the employer.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 70
- Paragraph text
- Administrative detention should not be applied as a punitive measure for violations of immigration laws and regulations, as those violations should not be considered criminal offences.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 75
- Paragraph text
- The Special Rapporteur encourages States to share information with him relating to their experiences in applying alternatives to detention, with a view to identifying best practices.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 139
- Paragraph text
- The Global Forum should rely more on the Global Migration Group (including OHCHR) expertise, and the United Nations human rights mechanisms should be invited to be part of the Global Forum's agenda on a regular basis.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 104
- Paragraph text
- States should uphold the principle of avoiding statelessness and enforce legal norms at the national and international levels to reduce statelessness resulting from the failure to register the birth of a child, including because of the fears associated with the criminalization of irregular migration. States should take effective measures to guarantee the birth registration of children born outside their parents' country of origin, regardless of the parents' immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 78
- Paragraph text
- The Special Rapporteur would like to encourage civil society organizations to continue their efforts to document and study the violations and abuses that migrants suffer in the context of detention, continue monitoring good practices of alternatives to detention, develop and continue assistance programmes to migrants deprived of their liberty, including legal aid, translation services and social and psychological assistance and visit regularly migrant holding centres and penitentiaries where irregular migrants are held.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 72
- Paragraph text
- States should expressly recognize in laws the rights to health and adequate housing for all individuals, regardless of their nationality or immigration status. Particular attention should be paid to removing laws which have a disproportionately negative impact on the enjoyment of these rights, such as the criminalization of irregular migration and the "obligation to denounce". States should also strengthen legal frameworks to guarantee access to justice regardless of immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 125
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Through the work of the Directorate General for Employment, Social Affairs and Inclusion, support member States in moving away from cheap labour predicated on the abuse of migrant workers towards a system of fair, organized and legal migration, through the repression of exploitative employers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 91
- Paragraph text
- [Ensure that the human rights of all migrants concerned is the primary consideration in the negotiation of any migration cooperation agreements with non-European Union countries, including readmission agreements, technical cooperation with coastguards, or mobility partnerships. This should include, but not be limited to, technical and financial support for:] Training for all cooperation partners on human rights law.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 93
- Paragraph text
- [Ensure the full implementation of the Return Directive in all member States in order to improve the procedural safeguards and minimum standards and conditions of detention, in accordance with international human rights standards. In addition, ensure effective access to justice for all migrants in detention, including:] Timely and effective access to justice, i.e. courts, tribunals, national human rights institutions, etc.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 73
- Paragraph text
- The business practices of unethical recruitment agencies are complex and opaque. These practices and the human rights consequences for migrants differ between countries, recruiters and sectors. However, economic exploitation, violence and intimidation unite the experiences of many migrant workers who have used unethical recruiters. It is clear that this human suffering is endemic and perpetuated by a range of systemic failures and perverse economic and political incentives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Overall migration policies and recognition of the push factors] Recognize the push factors related to precarious labour migration and, within the context of the post-2015 sustainable development goals agenda and other international and national policy initiatives, promote decent work opportunities for people at home. Decent work will empower people to make informed decisions about whether to seek work overseas and deal with recruitment processes from a position of choice
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 81
- Paragraph text
- If a common European Union migration policy is to provide added value with regard to migrants' rights, then special attention should also be paid to better guaranteeing the legitimacy and evaluating the soundness of the foundations upon which the current programmes have been built, with particular emphasis on the rule of law and protection of human rights, including for irregular migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 111
- Paragraph text
- [To the European Union and its member States] Develop coordinated efforts to move away from the detention of all migrants, investing in alternatives that avoid punishing those arriving irregularly. Look towards a model that quickly responds to and capitalizes on the strong desire of the vast majority of migrants to work and contribute to society.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 135
- Paragraph text
- [Recommendations to specific European Union institutions] [To the Council of Europe] Support the European Union in mainstreaming human rights concerns into migration and border management policies and implementing the relevant, recent judgements of the European Court of Human Rights, therefore developing further synergies between the two organizations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 136
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Union Agency for Fundamental Rights] Continue its vital work in developing the evidence base related to key migration and human rights issues, including border management, integration and access to justice. Raise the profile of these issues and report on key challenges.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 123j
- Paragraph text
- [The global compact should:] Ensure that the detention of migrants is always a measure of last resort, permissible only when reasonable, necessary and proportionate, decided on a case-by-case basis, and enforced for the shortest possible period of time; develop rights-based alternatives to detention for most cases; and ensure that migrant children and families with children are never, ever, detained for reasons relating to their administrative immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 94
- Paragraph text
- States should enact and use a broad range of alternative measures. In developing such measures, States should draw on some of the existing practical alternatives already applied in some States. Alternative measures may include registration requirements; reporting or monitoring conditions; the deposit of a financial guarantee; or an obligation to stay at a designated address, an open centre or other special accommodation. Reporting requirements, where used, should not be unduly onerous, invasive or difficult to comply with. Bail, bond and surety should be made available to irregular migrants under conditions that are reasonable and realistic. The use of open centres, directed residence or special accommodation should be developed, with open centres preferred over more restrictive alternatives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 88
- Paragraph text
- States should, at a minimum, provide migrants in irregular situations at risk of homelessness with a level of housing which ensures their dignity and allocate resources to shelters which provide assistance to migrants in irregular situations. In this regard, cooperation and partnerships with non-governmental organizations, welfare organizations and community-based organizations at the grass-roots level are strongly encouraged. In the long term, regularization of migrants in irregular situations should be considered, so as to better protect their right to adequate housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 93e
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] States should devise and implement local and national migration policies and strategies to facilitate internal climate-change-induced migration, where needed, including through building urban infrastructure that is sustainable, flexible and inclusive in order to accommodate internal migrants. Such policies and strategies should fully respect their domestic laws and obligations under international human rights norms and standards, including the political participation of vulnerable populations, as well as means of redress available to migrants against human rights violations;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 93g
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] Regional intergovernmental organizations, international organizations and international financial institutions should support, facilitate and, where necessary, initiate, the negotiation of such agreements, through political leadership, financial assistance and technical support.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 93d
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] States should support civil society organizations that give a voice to such vulnerable populations, including migrants or potential migrants, with a view to ensuring their meaningful participation in all the deliberations regarding their future as citizens and/or migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 124
- Paragraph text
- Better global migration governance would be advantageous for all States because they cannot deal with a global phenomenon unilaterally, bilaterally or even regionally only. Enhanced governance would allow for better responsibility-sharing on the part of States associated with migration. While the Global Forum on Migration and Development provides a useful platform for informal discussions between States, it should not be seen as a substitute for discussions about migration in the United Nations. More frequent high-level dialogues could also lead to closer linkages and synergies between discussions within and those outside the United Nations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 133
- Paragraph text
- States should consider holding more frequent high-level dialogues, for instance every three years, which should be interactive and action-oriented, each with a rights-based negotiated outcome document.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 80
- Paragraph text
- Furthermore, any failure to address the pull factors for irregular migrants, and in particular Europe's demand for a seasonal, easily exploitable workforce, must be addressed. Combating irregular migration will be much more targeted and effective when a genuine effort is made to treat migrants with dignity and offer them processes that include robust legal guarantees and economic and social support. Migration policies based on deterrence are fundamentally at odds with human rights obligations. Rights must be respected, processes be transparent, and access to justice not inhibited, to ensure that migrants are guaranteed the same human rights as every other individual. Such an approach would not only be in accordance with legal obligations under international human rights law, but would also represent an important step towards recognizing the positive contribution of migrants to Europe.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109g
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Align all goals, targets and indicators with international human rights and labour standards, the aim being to include the realization of human rights for all in the post-2015 agenda, which would increase policy coherence and strengthen accountability;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109i
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Develop inclusive processes, so as to allow for national consultations that create better understanding of and adaptation to each goal, target and indicator, according to national contexts, especially taking into account and carrying the voice of marginalized groups, including migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 99
- Paragraph text
- Ensure that all migrant victims of abuse and exploitation have access to effective remedies, including the possibility of pursuing compensation claims, regardless of their residence status, without fear of retribution. Migrants should be provided with easy access to effective mechanisms for bringing complaints about violations of their rights, including a free phone number they can call to report cases in their own language. National human rights institutions have an important role to play in this respect, and consulates and embassies should also assist their nationals. Complaint mechanisms should be streamlined so that migrants can register their complaints with one Government office. All complaints should be promptly investigated, regardless of the residence status of the migrant.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 104
- Paragraph text
- Train judges, lawyers, law enforcement and immigration enforcement officers and ensure their sensitivity to the human rights of migrants, whatever their status, and the dignity owed to them.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 105
- Paragraph text
- Ensure that migrants have access to justice after returning to their home country, including the possibility to claim unpaid wages.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 75
- Paragraph text
- While wholesale transition to an ethical system is undoubtedly challenging, it is not beyond the moral agency of Governments to facilitate such a change. Businesses do not operate in a vacuum that is outside the control of sovereign Governments. Governments set the regulatory and legal environment in which private entities can undertake their activities. Voluntary private compliance is not enough to protect the rights of migrants and sustained political will is needed to ensure that Governments use their legislative, policymaking, investigative and judicial powers to protect the rights of individuals regardless of nationality.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 88
- Paragraph text
- Claiming this leadership role involves the development of coherent and holistic human rights-based approaches that require short-, medium- and long-term interventions. It is vital that, in the short term, the European Union step up search and rescue operations, further explore alternatives to detention, particularly for children, start providing more resettlement opportunities for people from the Syrian Arab Republic and other countries, in line with its share of global resources, and take stock of the failing Dublin logic and the systemic pressures it is creating.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 89
- Paragraph text
- While this would already have a significant impact on the human rights of migrants, it is important that the European Union also take a strategic, long-term view. In the medium term, the Union should continue to provide resettlement opportunities and open regular migration channels at all skills levels, invest in labour inspection and tackle xenophobia, racism and discrimination against migrants. These changes need to be sustained over the long term and accompanied by a fundamental rethinking of the conceptualization of migrants and the development of integration programmes within the context of general diversity policies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92m
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States explore other programmes to engage the private sector and include in trade terms a commitment to, among other things migrant outreach, legal expertise to strengthen labour laws, assistance to trade unions, training courses for labour inspectors and pre-departure recruitment and orientation services, and, in order to ensure the sustainability of these initiatives, include in trade agreements provisions for the financial and other resources necessary to administer them.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 74
- Paragraph text
- The Special Rapporteur encourages States to collect disaggregated data on the number of migrants in administrative detention, the number of migrants who are subject to different types of non-custodial measures and the compliance rate with these measures, in order to evaluate their effectiveness.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 66
- Paragraph text
- Migrants, especially those with a precarious residence status, are vulnerable to labour exploitation. Certain categories of migrants are more vulnerable to such exploitation, including temporary migrant workers, migrant domestic workers, women, children and migrants in an irregular situation. Access to an effective remedy for rights violations may be very difficult or impossible.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Conduct systematic checks to ensure that recruiters and employers do not confiscate the passports and other identity or travel documents of migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Ensure that actions following the detection of unethical recruitment practices never economically or criminally penalize migrants
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 90
- Paragraph text
- Refrain from using sponsorship systems that make immigration status conditional on one given employer, as this creates a precarious status, restricts freedom of movement, increases vulnerability to exploitation and abuse, and leads to forced labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 97
- Paragraph text
- Monitor employment practices in sectors often dominated by migrant workers, such as the textile industry, construction, agriculture, hospitality, care-giving and domestic work, in order to ensure that migrant workers enjoy conditions of work equal to those of nationals.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Integration of migrants in countries of destination] Ensure that migrants can, when in situations of difficulty, access government facilities such as housing and health services
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Integration of migrants in countries of destination] Create an environment that is conducive to unionization and allows migrant workers to exercise their freedom of association, assembly and collective bargaining
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 89
- Paragraph text
- Policies should guarantee the enforcement of such alternatives by administrative and judicial authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 134d
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and States should consider raising the following issues:] Measures to combat xenophobia and xenophobic violence against migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 137
- Paragraph text
- The Global Forum should focus more on human rights, with dedicated round tables on relevant human rights issues, including the rights of migrants in an irregular situation, and mainstream the human rights of migrants in all its work.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 84
- Paragraph text
- The long-term strategy would start in 2020, which could be designated as the “International year for safe, orderly and regular migration for all”. The strategy could be called the “2035 agenda for facilitating human mobility”. The Special Rapporteur recommends the adoption of eight practical and achievable goals, with appropriate targets and indicators, as his contribution to the 2035 agenda. He acknowledges that these goals and targets could be further refined and must be developed in full recognition of the challenges that States are facing in their endeavour to establish a global framework for rights-based global migration governance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 85
- Paragraph text
- The Special Rapporteur recommends a consultative process led by the United Nations to further develop goals and targets. Such a process would include the participation of experts, the business community, civil society organizations and migrants themselves. It would build upon the principles and guidelines, supported by practical guidance, on the human rights protection of migrants in vulnerable situations within large and/or mixed movements developed by the Global Migration Group. The guidance could form an important starting point for the development of goals and targets, given that it is derived from existing obligations under international law and is aimed at assisting States and other stakeholders with regard to the refinement, strengthening, implementation and monitoring of measures to protect migrants in vulnerable situations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ratify and enact into law the other key international legal standards protecting migrant workers, including ILO Conventions no. 87, 97, 143, 181 and 189, and the ILO Declaration on Fundamental Principles and Rights at Work and the ILO Forced Labour Protocol. Human rights and related labour standards apply to all migrants at every stage of the recruitment process, and are not dependent upon being a citizen of a sovereign territory
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 70
- Paragraph text
- States that have not done so should incorporate the applicable legal framework on human rights, the protection of the child, the protection of migrant workers and their families, the protection of asylum-seekers and refugees, the fight against transnational organized crime and the elimination of contemporary forms of slavery into their national laws and policies as well as into their bilateral, subregional and regional agreements for migration management.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 123e
- Paragraph text
- [The global compact should:] Support the strategies of States, through fact-based analysis and long-term strategic thinking, to counter the conceptualizations of migration that underpin toxic public debates and counterproductive and ineffective security policies and needlessly result in the stigmatization, marginalization and criminalization of migrants, and integrate such analysis in developing means of public communication and elements of education curriculum in favour of migration, mobility and diversity;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 123i
- Paragraph text
- [The global compact should:] Ensure a robust gender analysis of the difference in the impacts of policies on men and women, with special attention to the ways in which restrictions on women's mobility as a means of protection violate their rights and create favourable conditions for smuggling networks to thrive, including the use of a gender lens at all stages and in all aspects of the discussion as specific consideration of gender in the context of bilateral agreements, detention/deportation and readmission/repatriation is also crucial;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Men
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 110
- Paragraph text
- [To the European Union and its member States] Invest in the considerable expansion and harmonization of the European Asylum Support Office through several mechanisms, including through mutual recognition of refugee status determination decisions, exchange of refugee judges between States, a common European Union refugee determination appeal board and common or shared reception mechanisms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 87
- Paragraph text
- A longer-term strategy will require long-term investment in order to ensure the effective implementation and monitoring of all eight goals. The implementation of such an agenda within the framework of the United Nations would require the existing bilateral, regional and global cooperation mechanisms to be strengthened. This would ensure accountability, monitoring and oversight, while creating a clear link to the formal normative monitoring mechanisms established within the United Nations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 77b
- Paragraph text
- [States are particularly encouraged to:] Consider regularization programmes as a key element of migration policies in order to ensure social integration and family reunification, limit migrant workers' exploitation and abuse and incorporate workers from informal and underground economies into the labour force, with clear benefits for host countries, including increasing contributions to national tax and social security revenues;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 78
- Paragraph text
- States should not resort to collective deportations, which are contrary to international law and human rights standards. States should have regular monitoring mechanisms to prevent collective deportations and ensure that all removal or deportation orders and decisions comply with the safeguards recognized in article 22 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 77
- Paragraph text
- States should work to reduce obstacles to health care for migrants by ensuring that access to health services is not conditioned upon one's immigration status. Access to health services for migrants should also be ensured while in detention. In this regard, States should work to remove legal and other impediments such as the "obligation to denounce" or similar provisions in their national laws which impede the enjoyment of access to health by migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 78
- Paragraph text
- States should also provide adequate information through campaigns and outreach, commit sufficient funds and promote implementation measures relevant to migrants' health issues. These policies should also (a) include the promotion of health services that are culturally and gender sensitive and conducive to reducing linguistic, communication and cultural barriers, and (b) be aimed at facilitating increased confidence and awareness of health services among migrant communities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 93
- Paragraph text
- [Ensure the full implementation of the Return Directive in all member States in order to improve the procedural safeguards and minimum standards and conditions of detention, in accordance with international human rights standards. In addition, ensure effective access to justice for all migrants in detention, including:] Effective and independent external monitoring of all migrant detention facilities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 90
- Paragraph text
- States should fully take into account factors which affect access to housing by migrant women and girls. In particular, States should develop mechanisms to monitor workplace conditions of migrant women, especially where they are required to reside with their employers. States should ensure that migrant women workers have equal protection of the law and should provide accommodation for those who wish to leave abusive employers in the meantime.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109d
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Apply the principles of non-discrimination, participation, accountability and access to remedies to all goals, targets and indicators;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109h
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Explicitly focus targets and indicators on marginalized groups and aim to narrow the gap between the mainstream population and marginalized groups;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 67
- Paragraph text
- Unrecognized labour needs in destination States, especially for low-skilled labour, constitute a major pull factor for irregular migration. Opening up more regular migration channels for workers considered "low-skilled", thus recognizing the labour needs of destination States, and sanctioning exploitative employers, would reduce irregular migration and limit the power of smugglers' organizations, thus contributing to the better respect, protection and fulfilment of the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Develop legislation that regulates the relationship between recruitment agencies and their agents, their subagents or other forms of subcontractors, such as testing centres. Recruiters should have formal business arrangements in place with all agents and subagents that articulate a clear structure of accountability and liability for business practices
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ensure that the relevant provisions within labour laws and regulation cover all sectors. Ensure that special attention is given to sectors that typically operate outside formal labour regulation, such as domestic work
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] If not already done, ratify all 10core international human rights instruments, including the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ensure implementation of the 2011 United Nations Guiding Principles on Business and Human Rights, by taking concrete steps to implement the United Nations "Respect, Protect and Remedy Framework" in relation to migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Develop fully robust, transparent and publically accountable licensing systems for recruitment companies. Recruitment companies seeking licences must be subject to rigorous human rights and labour law due diligence. Companies licensed to provide recruitment services to migrants should be subject to ongoing regulation and monitoring in relation to human rights impact
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Require recruitment agencies who facilitate the employment of migrants abroad to be licensed in both countries of origin and destination in order to ensure more effective bilateral oversight of recruitment practices
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Revoke the licences of recruitment agencies that charge fees to migrants and/or are proven to have abused the human or labour rights of migrants. Licences should be subject to regular renewal with compliance with human rights obligations being essential for reissuing of licences
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Invest into whole-system improvement in the labour inspections in countries of destination workers. Labour inspectors must interact with migrant workers, and, where necessary, be accompanied by interpreters in languages understood by migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 116
- Paragraph text
- The Special Rapporteur encourages the Global Migration Group to establish mechanisms to monitor State practices on migration management and share good practices in the harmonization of the management of migration with international law and human rights standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 109
- Paragraph text
- States are especially encouraged to share information about key indicators of the impact of migration programmes, plans and policies to address irregular migration, as well as common challenges and best practices at all levels across boundaries and regions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 110a
- Paragraph text
- [Stakeholders should make available statistical and substantive information on, inter alia:] The root causes of migration;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 110b
- Paragraph text
- [Stakeholders should make available statistical and substantive information on, inter alia:] The demand of migrant labour, including irregular migrant labour, in countries of destination;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 105
- Paragraph text
- States should ensure that age-assessment processes comply with international standards and that the persons concerned are allowed access to effective remedies to challenge age-assessment decisions. States should also consider according a "benefit of the doubt" in age-determination procedures.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 84b
- Paragraph text
- [In particular, States should:] Ensure that effective remedies are available to victims of racism, racial discrimination, xenophobia and related intolerance and monitor the responses of the judicial system to allegations of xenophobia and hate crimes against migrants, with due regard for age and gender considerations;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 84c
- Paragraph text
- [In particular, States should:] Implement intercultural policies aimed to raise children in an environment that accepts and values differences, discouraging racism and xenophobia and fostering children's participation in the design and implementation of such policies;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 74
- Paragraph text
- As newly-arrived migrants may encounter practical difficulties in obtaining information which enables them to meaningfully exercise their rights, States should provide free information and advice on relevant laws, policies and regulations and local practice as well as language training for migrants who do not speak the language of the host States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 75
- Paragraph text
- States should also consider and develop policies on the regularization and integration of migrants in irregular situations in order to reflect their contributions to the host societies and to provide better protection of their rights, including those to health and adequate housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 81
- Paragraph text
- Sending, transit and receiving countries should have inclusive health access programmes to address the health requirements of migrants in a continuum. Such interventions must move beyond emergency care, and address physical, mental and social well-being, including reproductive health and infectious diseases, while providing adequate health education and information for migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 86
- Paragraph text
- States should formulate comprehensive criteria which provide clear and practical guidance to housing providers on what constitutes discrimination on the basis of citizenship, nationality or immigration status and their responsibilities to ensure equal access to housing by all, including migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 91
- Paragraph text
- States should provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to housing. Irregular migrant families and their children should be provided with a minimum level of housing which ensures their basic needs. Throughout the process, the best interest of the child should be the paramount concern and the guiding principle.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 92
- Paragraph text
- States should rapidly identify unaccompanied migrant children without access to adequate housing and provide them with accommodation suitable to their needs and circumstances. States should also appoint guardians in order to prevent the social exclusion of these children and ensure that they have adequate access to basic services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 115
- Paragraph text
- Human rights mechanisms, namely special procedures, treaty bodies and the universal periodic review mechanism should continue to pay special attention to the rights of migrants and the impact of the criminalization of irregular migration on the enjoyment of human rights by migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 90
- Paragraph text
- The global climate is already changing, and will continue to do so. The related impacts of these transformations, while not able to be precisely predicted, will certainly be far reaching, and have an impact on a wide range of human rights. In particular, climate change has significant implications regarding migration patterns and movements.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 93f
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] States should devise and implement regional migration policies and strategies to facilitate international climate-change-induced migration, where needed, including through the negotiation, conclusion and implementation of regional migration agreements. Such policies and strategies should be elaborated by all States concerned within the region, with the support and assistance of donor States. Such policies and strategies should also be elaborated with the support and collaboration of regional intergovernmental organizations, international organizations, international financial institutions, international NGOs and civil society organizations. Such policies and strategies should fully respect the international and regional human rights frameworks, including appropriate human rights guarantees for all migrants, the political participation of the vulnerable populations concerned in all decisions regarding their migration, as well as means of redress available to all migrants against human rights violations;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 69
- Paragraph text
- The reasons put forward by States to justify detention should be clearly defined and exhaustively enumerated in legislation. If, as a measure of last resort, a State resorts to detention for immigration-control purposes in an individual case, this should be considered only when someone presents a risk of absconding or presents a danger to their own or public security
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 121
- Paragraph text
- Migration governance is becoming increasingly informal, ad hoc, non-binding and State-led, falling largely outside the United Nations framework in such forums as the Global Forum on Migration and Development and regional consultative processes. This leads to a lack of accountability, monitoring and oversight and the absence of a relationship with the formal normative monitoring mechanisms established within the United Nations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 130
- Paragraph text
- States should consider ratifying all the core United Nations human rights treaties that they have not yet ratified, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as other relevant treaties, including ILO conventions, the Convention relating to the Status of Refugees and the Convention on the Reduction of Statelessness.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 79
- Paragraph text
- Moreover, such an approach will only serve to fuel xenophobia, discrimination and marginalization of migrants, which may have the effect of enabling a culture of impunity around the violation of migrants' rights, and cement an anti-migration attitude, as well as contributing towards the rise of verbal and physical violence against migrants, as is presently being experienced in Greece.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 82
- Paragraph text
- Further implement a human rights-based approach to migration and border management, ensuring that the rights of migrants, including irregular migrants, are always the first consideration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 84
- Paragraph text
- Consider opening up more regular migration channels, including for low-skilled workers, thus reflecting the real labour needs of the European Union, which would lead to fewer irregular border crossings and less smuggling of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 93
- Paragraph text
- [Ensure the full implementation of the Return Directive in all member States in order to improve the procedural safeguards and minimum standards and conditions of detention, in accordance with international human rights standards. In addition, ensure effective access to justice for all migrants in detention, including:] Access to legal aid and judicial assistance programmes
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 106
- Paragraph text
- [Specific recommendation to European Union institutions:] [To Frontex:] Ensure the effective implementation of the Fundamental Rights Strategy and Action Plan.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 107
- Paragraph text
- [Specific recommendation to European Union institutions:] [To Frontex:] Ensure that all interviews conducted with migrants by Frontex guest officers in detention centres are conducted within a legal framework that provides appropriate human rights guarantees.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 108
- Paragraph text
- [Specific recommendation to European Union institutions:] [To the Fundamental Rights Agency:] Continue its crucial work reporting on human rights gaps and challenges for migrants, including irregular migrants, in the European Union and at its external borders, and provide recommendations on how to improve the situation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 99
- Paragraph text
- [Specific recommendation to European Union institutions:] [To the European Commission:] Further mainstream human rights within the Directorate-General Home Affairs, and in this respect consider establishing a human rights focal point within the Directorate-General.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 102
- Paragraph text
- Effectively implement employer sanctions and ensure that all abuses, including ill-treatment and exploitation are investigated and properly sanctioned where appropriate. Every employer and recruitment agent who engages in fraud or deception or is responsible for any other form of exploitation of migrant workers should be brought promptly to justice, including through criminal prosecutions, and be prevented from employing/recruiting migrant workers in the future.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 103
- Paragraph text
- Implement "firewalls" between immigration enforcement and public services such as police, health care and education, in order to make sure that irregular migrant workers enjoy their civil, economic, social and cultural rights without fear of being identified, arrested, detained and deported.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Empowering migrants through information and support] Make the ratings of recruitment agencies, including information about blacklisted agencies, available to all migrant workers. Disseminate this information in accessible formats (such as Internet and mobile phone-based services), ensuring translation to all relevant languages
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Empowering migrants through information and support] Invest in the development and dissemination of information on access to justice for migrant workers, so that they are aware of their rights and potential avenues for support and remedy if they are subject to exploitation by recruitment companies
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Empowering migrants through information and support] Increase and improve pre-departure training and information in order to promote informed decision-making and enhance the skill levels of prospective migrants, including language and general skills
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 69
- Paragraph text
- A comprehensive national migration policy needs detailed elaboration and effective implementation in order to combat labour exploitation of migrants. ILO's Multilateral Framework on Labour Migration provides useful guidance in this respect. A comprehensive migration policy could mitigate tensions between migrants and local communities that result from poor migration management.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 71
- Paragraph text
- Address the pull factors for irregular migration, namely the unrecognized need for migrant labour in destination States, including for low-skilled workers, and the corresponding need to open up a greater number of regular migration channels and effectively sanction exploitative employers of irregular migrants, which would lead to fewer instances of irregular migration, and less exploitation of irregular migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Empowering migrants through information and support] Increase the capacity of labour attachés within missions in countries of destination, in order to allow them to increase the scope of their work and give more attention to combatting the practices of unscrupulous recruiters
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Integration of migrants in countries of destination] Include basic entitlement packages (food allowances, kitchen facilities, safe drinking water, size and quality of the living quarters, medical coverage, among others) as a necessity for migrant workers within the laws governing contracting labour
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Integration of migrants in countries of destination] Create firewalls between government services, such as courts, labour inspectors or health-care services, and immigration enforcement, in order to empower migrants to access basic services without fear of deportation
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Abolish "sponsorship" systems whereby migrants are dependent on their employers for residence visas and work permits, and thus vulnerable to abuse and exploitation
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Involve other actors that are important for ensuring an effective access to justice for all migrant workers, such as: labour inspectors, social workers, national human rights institutions, ombudspersons, unions, among others
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Provide all migrant workers with a range of accommodation options, including those independent of employment arrangements and recruiters, food and access to health care, while working in countries of destination. Ensure that all workplace conditions are compliant with ILO standards
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Through international business associations and other collaboration mechanisms, take a global leadership role in wholesale transition to an ethical recruitment system, including reform of the economic incentives that are perpetuating the exploitation of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 120
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Further develop existing initiatives to mainstream human rights into the work of the Directorate General for Migration and Home Affairs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 108
- Paragraph text
- [To the European Union and its member States] Make promoting genuine mobility for non-European Union migrants the cornerstone of the Global Approach to Migration and Mobility.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 114
- Paragraph text
- [To the European Union and its member States] Develop "firewalls" between immigration enforcement and public services, so that all migrants in the European Union can seek access to justice and to social services without fear of being denounced to immigration enforcement authorities and deported.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 115
- Paragraph text
- [To the European Union and its member States] Ensure that those who offer services, such as assistance to search and rescue operations, medical support, shelter and legal advice, are explicitly protected from prosecution under the facilitation directive.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 117
- Paragraph text
- [To the European Union and its member States] Improve accountability of violations of the rights of migrants, including through continued support and cooperation with the European Ombudsman and by strengthening the coordination of national human rights institutions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 118
- Paragraph text
- [To the European Union and its member States] Reconsider the general refusal of EUMS to ratify the International Convention on Migrant Workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 119
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Lead the development of a coherent and rights-based migration policy, including a 25-year strategy for European Union institutions and member States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 129
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Increase the resources and independence given to the FRONTEX Fundamental Rights Officer to continue and build upon work completed so far.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 130
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Ensure that Operation Triton upholds international standards in relation to protection at sea and that the full transition from Operation Mare Nostrum does not result in the avoidable loss of life of migrants in the Mediterranean Sea.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 102
- Paragraph text
- [To the European Union and its member States] European Union member States should increase the number of migrants admitted under existing regular migration schemes, including the Blue Card system, the seasonal workers directive and the future student and researcher directive.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 90
- Paragraph text
- The development of international trade is in the interest of all, but respect for the human rights of all individuals, regardless of their status, must be the fundamental principle that guides economic growth and advancements in social welfare.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92b
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States immediately begin to include explicit references to international human rights and labour instruments in all new and renegotiated trade agreements;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92c
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States ensure that trade and mobility agreements do not erode existing social and mobility protections granted through commitments in other agreements;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 86
- Paragraph text
- The Special Rapporteur proposes that States also develop inclusive processes so as to allow for national consultations that foster better understanding of and adaptation to each goal, target and indicator, according to national contexts, taking into account and carrying the voice of migrants in particular.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ensure that strong gender analysis is included within all laws and policies to ensure protections for the additional vulnerability of many female migrant workers. Such protections should, however, never limit the economic opportunities or freedom of movement of women
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 69
- Paragraph text
- States should effectively promote and protect the human rights and fundamental freedoms of all migrants, especially the rights of women and children, regardless of their immigration status, in conformity with the Charter of the United Nations and international human rights law and standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 72a
- Paragraph text
- [The Special Rapporteur also recommends that States:] Review their national policies to harmonize them with existing international, regional and subregional frameworks on rights-based approaches to migration;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 73
- Paragraph text
- States should remove laws, policies, plans and programmes aimed at criminalizing irregular migration and should not consider breaches of immigration law a crime or punish such breaches with detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 74a
- Paragraph text
- [In line with the foregoing, the Special Rapporteur recommends that States:] Undertake policy reforms to remove detention as a punishment for breaches of immigration laws and policies;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 84d
- Paragraph text
- [In particular, States should:] Strengthen awareness-raising programmes to combat prejudice against migrant communities and increase awareness-raising efforts to prevent abusive practices by employers, regardless of immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 87a
- Paragraph text
- [In cases where, exceptionally, detention of migrants is justified, this should not be made in facilities for criminals. Migration-related detention centres should not bear similarities to prison-like conditions. In connection with immigration detention facilities, States should bear in mind that:] Authorities in charge of these facilities should not be security forces;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 87d
- Paragraph text
- [In cases where, exceptionally, detention of migrants is justified, this should not be made in facilities for criminals. Migration-related detention centres should not bear similarities to prison-like conditions. In connection with immigration detention facilities, States should bear in mind that:] Disciplinary rules should be markedly different from those in place in prison facilities;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 88
- Paragraph text
- States should allow consular access to and independent scrutiny and control mechanisms of the conditions of immigration detention (judicial authorities, international and local non-governmental organizations, civil society, international human rights mechanisms, consular services and humanitarian institutions).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 90
- Paragraph text
- States should consider and use alternatives to immigration detention in accordance with international law and human rights standards. Detention should not be considered necessary or proportionate if other less restrictive measures to achieve the same legitimate objective have not been considered and assessed.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 91
- Paragraph text
- Alternatives to detention should be available to all irregular migrants and asylum-seekers, whether documented or undocumented. Recourse to alternative measures should be based on an individual assessment of the migrant's particular circumstances and be available in practice without discrimination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 93
- Paragraph text
- States should provide alternatives to detention for family groups when parents are detained on the sole basis of migratory status, keeping in mind the necessary balance between the need to protect family unity and the best interests of the child. In all decisions concerning children, the best interests of the child should be the primary consideration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 95
- Paragraph text
- Non-custodial measures, such as reporting requirements, should always be explicitly considered before resorting to detention, with the least restrictive measures considered first. The application of alternative measures must itself be governed by international human rights standards, including the basic principles of legality, necessity and proportionality, as well as non discrimination. Alternative measures must take into account the particular situation of irregular migrants and asylum-seekers, including their frequently unstable financial or housing situation. If any measure is applied unnecessarily or disproportionately, in a discriminatory manner or without due regard to individual factors such as the particular vulnerability of an individual, it could amount to a restriction inconsistent with international human rights standards. Safeguards surrounding alternatives to detention should be as rigorous as those applied to situations of detention, including ensuring that the alternative measure is established in law, is non-discriminatory in purpose and effect and is subject to judicial review, and that the migrant has access to legal counsel. States should always use the least restrictive means necessary as alternatives to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 96
- Paragraph text
- [Specific recommendation to European Union institutions:] [To the Council of Ministers:] Reconsider the terminology used, and apply the term "irregular" rather than "illegal" migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 101
- Paragraph text
- Strengthen labour inspection services, with respect to monitoring, as well as receiving, investigating and addressing complaints. Labour inspectors should be accompanied by interpreters in languages spoken by the migrants. Labour inspectors should be instructed not to share data concerning the migration status of migrants with immigration authorities, and rather focus on labour exploitation committed by employers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109e
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Develop specific migrant-sensitive targets and indicators for each relevant goal;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 92
- Paragraph text
- Provide temporary migrant workers who are filling permanent labour needs with long-term residence permits, and provide permanent residence permits to circular migrants after a certain period. Ensure that temporary migrant workers have access to economic and social rights and protection from exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 94
- Paragraph text
- Repeal sex-specific bans and discriminatory restrictions on women's migration on the basis of age, marital status, pregnancy or maternity status. Prohibit by law mandatory pregnancy testing and deportation of women migrants who are pregnant. Take all the necessary measures to combat gender-based violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Integration of migrants in countries of destination] Develop mechanisms whereby longer-term migrant workers, who make a valuable contribution to the economies of destination countries, whatever their skill level, are able to access opportunities for permanent residency and citizenship
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Engagement with the private sector] Work with the private sector to ensure that a full understanding of the real needs and gaps with the labour market is reflected in the development of overall migration management systems, based on human rights standards
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Overall migration policies and recognition of the push factors] In further recognition of migration push factors, invest in sufficient social protection systems in countries of origin to ensure that poverty, and/or economic or environmental shocks do not force people into precarious labour migration
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Banning recruitment fees] Develop measures in consultation with all stakeholders, including migrants and civil society, to create an outright ban on the payment of all types of recruitment fees by migrants. Ensure that the impetus of the implementation of this ban is on Governments and that migrants are not economically penalized if they admit to having paid a fee
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Banning recruitment fees] Consider options for collective action to totally ban recruitment fees to level the playing field and ensure that concerns about international competitiveness will not impact wholesale transition to an ethical system
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Banning recruitment fees] Include advocacy of the business case for responsible recruitment practices that prohibit recruitment fees in engagement with the private sector, and involve business associations in the promotion of such a business case
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Standardize contracts for migrant workers within different sectors and at different skills levels. Labour contracts based on such a standardized model should specify the job description, wages and labour conditions
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 99
- Paragraph text
- [To the European Union and its member States] Use the region's considerable global influence, including two permanent and one non-permanent seat on the Security Council, to push for more effective solutions to humanitarian crises in the Syrian Arab Republic, Ukraine and other countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 121
- Paragraph text
- The events in the Andaman Sea, the Asia-Pacific region, Central America, the Mediterranean Sea and the Middle East, as well as the mirroring of such suffering at each stage of the migratory process over the past three few years, have clearly shown that the status quo in approaches of States to border control, asylum and migration is not sustainable if the objective is to reduce suffering and deaths.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 122
- Paragraph text
- The commitments of States to regional and international human rights systems and other normative standards clearly show that they have the potential to collectively initiate and develop a global leadership role on the issue of migration policies and practices, a role which remains vacant at present.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93g
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] Include provisions for labour mobility in multilateral and regional trade agreements, rather than in informal bilateral labour mobility commitments, with full and explicit respect for migrants' rights;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92g
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States protect the rights of migrant workers to unionize and engage with trade unions and migrants' associations in the development of institutional frameworks relating to trade;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93h
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] Ensure that dispute settlement mechanisms included in all new and renegotiated trade agreements do not contravene States' abilities to protect migrants' rights;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93i
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] Require annual reporting on the impact of their trade and investment agreements on human rights in each country and make the information publicly available.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 82
- Paragraph text
- The global compact for safe, orderly and regular migration offers an opportunity for better migration governance that enables States to develop clear, long-term and evidence-based migration policies ensuring full protection of the human rights of all migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Regional and international cooperation] Ensure systematic sharing of intelligence within regional networks about recruitment agencies that exploit migrant workers. Create effective feedback loops from this regional information-sharing into licensing and monitoring systems at the national level
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Regional and international cooperation] Collaborate regionally on models of monitoring and oversight that tackle the specific challenges and practices experienced by migrant workers in countries of origin and destination within regional groupings
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Remove barriers to access to justice, ensuring that migrants can effectively - and not simply on paper - access a legal remedy for violations of their rights in the context of recruitment practices and labour migration
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Access to justice should primarily be through judicial and quasi-judicial means and should not be reliant only on voluntary or private forms of remedy, which often do not provide adequate compensation to migrants or effectively punish rights violators
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Strengthen the capacity of the independent judiciary to provide access to justice for migrant workers who have been exploited by recruiters and punish perpetrators in such a way that creates real and lasting disincentives for the mistreatment of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 106
- Paragraph text
- The Special Rapporteur encourages the design and implementation of programmes for the sustainable return and reintegration of children, including alternatives to return on the basis of the best interest of the child.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 107a
- Paragraph text
- [The Special Rapporteur further recommends that Governments:] Take all necessary steps to prevent multiple discrimination and re victimization, ensuring that effective structures and mechanisms are put in place to assist victims to reintegrate into society, including by providing them with psychological, health and social assistance;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 73
- Paragraph text
- States should collect disaggregated data and develop indicators on access to the rights to health and adequate housing by all individuals, paying particular attention to vulnerable groups such as migrants in irregular situations, migrant children and women. The indicators should form the basis of rights-based interventions designed to promote access to the rights to health and adequate housing by all.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72f
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Applying the Standard Minimum Rules for the Treatment of Prisoners to migrants under administrative detention, including providing for the separation of administrative detainees from criminal detainees; ensuring an adequate standard of accommodation, including minimum floor space, lighting, heating and ventilation; providing for adequate sanitary, bathing and shower installations; allowing administrative detainees to wear their own clothing, and provide facilities for their cleaning; a separate bed with clean bedding for each detainee; adequate food and drinking water; at least one hour of outdoor exercise daily; the right to communicate with relatives and friends and to have access to newspapers, books and religious advisers; ensuring the presence of at least one qualified medical officer who should have some knowledge of psychiatry, as well as a qualified dental officer; and ensuring the right to make a request or complaint to the central prison administration, judicial authorities or other proper authorities;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 93
- Paragraph text
- [Ensure the full implementation of the Return Directive in all member States in order to improve the procedural safeguards and minimum standards and conditions of detention, in accordance with international human rights standards. In addition, ensure effective access to justice for all migrants in detention, including:] Access to competent interpreters and translators
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 83
- Paragraph text
- Guarantee that all migrants have the right to accept and to leave employment voluntarily, without the threat of a penalty. Migrants who choose to leave an abusive employer should not lose their residence permit. Instead, they should receive adequate support, for example by providing them with a long enough grace period in order to find a new job. Allowing migrants to change employers when they wish would render them far less vulnerable to exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 84
- Paragraph text
- Provide adequate resources to relevant authorities for occupational safety and health. Ensure improved health and safety conditions in places that employ migrants, including through proper training and use of safety equipment, and ensure that injured migrant workers receive proper medical treatment and compensation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 87
- Paragraph text
- Grant migrants, including irregular and temporary migrants, access to social security benefits on the basis of equal treatment with nationals. States should consider entering into bilateral, regional or multilateral agreements to provide social security coverage and benefits to migrant workers in this respect.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph