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300 shown of 1777 entities
How to expand and diversify regularization mechanisms and programmes to enhance the protection of the human rights of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/HRC/53/26
Document
Protection of the labour and human rights of migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/78/180
Document
The impact of climate change on the human rights of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/189
Document
Human rights violations at international borders: trends, prevention and accountability
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/31
Document
Means to address the human rights impact of pushbacks of migrants on land and at sea
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/30
Document
Impact of COVID-19 on the human rights of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/76/257
Document
Ending immigration detention of children and providing adequate care and reception for them
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/183
Document
Right to freedom of association of migrants and their defenders
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/42
Document
Impact of migration on migrant women and girls: a gender perspective
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/38
Document
Good practices and initiatives on gender-responsive migration legislation and policies
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/74/191
Document
Access to justice for migrant persons
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/178/Rev.1
Document
Return and reintegration of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/38/41
Document
2035 agenda for facilitating human mobility
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/72/173
Document
The human rights of migrants on a 2035 agenda for facilitating human mobility
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/25
Document
The impact of bilateral and multilateral trade agreements on the human rights of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2016
- Document code
- A/HRC/32/40
Document
Developing the Global Compact on Migration
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2016
- Document code
- A/71/285
Document
Recruitment practices and the human rights of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/70/310
Document
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
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/HRC/29/36
Document
Human rights of migrants in the post-2015 development agenda
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/69/302
Document
Labour exploitation of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/HRC/26/35
Document
Regional study: management of the European Union external border and the impact on the human rights of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/HRC/23/46
Document
Global migration governance
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/68/283
Document
Detention of migrants in an irregular situation
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/HRC/20/24
Document
Climate change and migration
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/67/299
Document
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)
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2011
- Document code
- A/66/264
Document
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2011
- Document code
- A/HRC/17/33
Document
Enjoyment of the rights to health and adequate housing by migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2010
- Document code
- A/HRC/14/30
Document
Impact of the criminalization of migration on the protection and enjoyment of human rights
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2010
- Document code
- A/65/222
Document
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 15
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the dangers of these policies, not only for migrants, but also for the migrants' societies of transit and destination. Research studies have already demonstrated that many enforcement mechanisms designed to prevent irregular or unauthorized migration, including harsh policies of interception, carrier sanctions and immigration control activities, may themselves be responsible for violence and abuse and may have the side effect of encouraging the expansion of smuggling and trafficking networks.
- 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
- 2010
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 59
- Paragraph text
- The Special Rapporteur welcomes the positive impact that recent large-scale regularization exercises have had on the lives, working conditions and realization of the human rights of former irregular migrants. The Special Rapporteur wishes to mention an illustrative number of examples of these programmes, which have been implemented in some countries in the Latin American region. Between 2002 and 2006, Mexico implemented a large-scale regularization programme, which included 15,000 non-documented migrants, mostly from countries in Central America. In 2008, Mexico adopted a new regularization programme for undocumented migrants who entered its territory before 2008, to be implemented between November 2008 and May 2011. The Bolivarian Republic of Venezuela implemented "Mission Identidad" (Identity Mission) between 1998 and 2006, which benefited approximately 415,000 irregular migrants who had lived undocumented in the country for many years.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 60
- Paragraph text
- The Special Rapporteur wishes to draw special attention to the large-scale regularization programmes in Argentina, which have been implemented in the context of the economic and financial crisis and have been used by the Government as a strategy and an effective tool to successfully overcome the crisis. In 2004, Argentina adopted its "Patria Grande" programme, including Decree No. 1169, which included a comprehensive approach to address irregular migration under the framework of the Migratory Law (Act 25875). The latter framework establishes that nationals of States Members MERCOSUR (Argentina, Brazil, Paraguay and Uruguay) or associate States (Bolivia (Plurinational State of), Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela (Bolivarian Republic of)) with no criminal background can obtain legal residence in Argentina. This programme has benefited 800,000 irregular migrants and contributed to a decrease in both the number of undocumented migrants and the unemployment rate.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 63
- Paragraph text
- The Special Rapporteur has received information on some promising legal provisions aimed at replacing immigration detention. Information received indicates that alternatives to immigration detention may vary from cost-effective options already available in several legal systems such as release on bail, bond and surety, conditional release, return to custody for specified hours following release for employment, schooling or other defined purposes, to more innovative schemes such as open and semi-open centres, directed residence and restrictions to a specified district. Information received by the Special Rapporteur indicates that examples of legal presumption against immigration detention are found, inter alia, in the legislation of Austria, Brazil, Denmark, Finland, Ireland, Lithuania, New Zealand and Switzerland.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 65
- Paragraph text
- The Special Rapporteur welcomes the interest and activities undertaken by international organizations and civil society to explore, together with Member States and other stakeholders, alternative measures to immigration detention as a way to help States improve their compliance with their human rights obligations in relation to the treatment of migrants. In this regard, the Special Rapporteur praises the pilot project on alternatives to detention for families with children who are awaiting return that has been carried out in Belgium since October 2008 as a practical and positive example of greater cooperation between Governments and civil society in monitoring and evaluation of alternative measures 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
- Children
- Families
- Persons on the move
- Year
- 2010
- Year
- Item does not have this property
Paragraph
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 10
- Paragraph text
- In particular, the Special Rapporteur wishes to take this opportunity to draw the attention of Member States to a number of reports he received on violations of migrants' rights to health and adequate housing. He emphasizes that the enjoyment of these rights by all individuals in society regardless of their citizenship, nationality and immigration status is not only an end in itself as a matter of entitlement, but also a crucial means to ensure equitable human development and social integration of migrants in host societies. Migrants can play an active role in the social and economic development of host countries, particularly when their fundamental rights, such as the rights to health and adequate housing, are fulfilled in a manner that ensures equal opportunities and gender equity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Persons on the move
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 14
- Paragraph text
- Various treaty bodies have expressed concerns that migrants and their families are often subject to discrimination in practice in the areas of employment, housing, health care and education. In the wake of the global economic crisis, discrimination and xenophobia have increased, as has the corresponding negative impact on the enjoyment of human rights by migrants. Increasingly, States have enacted restrictive measures which adversely affect the enjoyment of the rights to health and adequate housing, arguably as a means of deterring irregular migrants and promoting "voluntary" returns to countries of origin. Such laws discriminating against migrants or programmes and policies which fail to address the specific needs and vulnerabilities of migrants often make it difficult for migrants to obtain access to basic services or permit access only at levels that do not meet international human rights standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 15
- Paragraph text
- Further, the criminalization of irregular migration as well other related measures of immigration control may indirectly preclude the enjoyment of human rights by irregular migrants. Laws imposing requirements for public servants, health professionals, judiciary and other stakeholders to report irregular migrants to the police or immigration authorities effectively deny such migrants access to health care and housing, as well as access to justice, as they become reluctant to seek public services or legal remedies, fearing negative consequences flowing from the detection of their irregular 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
- 2010
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 16
- Paragraph text
- The Special Rapporteur is also concerned about a general lack of comprehensive policies and measures aimed at protecting and promoting the rights to health and adequate housing for migrants. The absence of such policies and measures may give rise to violations of the States' obligation to take steps towards the full realization of these rights. For instance, newly-arrived migrants may face a variety of challenges in accessing health care or housing, given their limited command of the language of the host State and their lack of knowledge of the laws and systems in the host countries. The enjoyment of the rights to health and adequate housing by migrants would be effectively hampered in the absence of necessary support, such as the provision of language training or free information on relevant laws and regulations.
- 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
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 27
- Paragraph text
- Entitlements and access to health care for migrants and the level of such care vary enormously, depending on the State in focus as well as on immigration status. It may range from emergency care to expansive health coverage for all, including migrants in irregular situations. On one end of the spectrum, regular migrants satisfying certain conditions may have entitlements comparable to citizens of host States, although there may be differences between long-term and short-term migrants with regard to entitlements and access. On the other end, non-nationals may not be able to access life-saving medication, because facilities deny treatment on the basis of "being foreign" or not having a national identity document. What may exist between the two extremes is the payment for preventative and primary health care, including urgent or emergency care and free medical service on certain restricted grounds. Most countries, however, link access to non-emergency health care to migrants' immigration status.
- 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
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 28
- Paragraph text
- While States have developed different criteria for what constitutes emergency health care, this regrettably does not address the fundamental issue of not conditioning health care to a person's immigration status. In this regard, mere commitment to emergency care is unjustified not only from a human rights perspective, but also from a public health standpoint, as a failure to receive any type of preventive and primary care can create health risks for both migrants and their host community. Experts have suggested that given the relatively small proportion of migrants in irregular situations and their underutilization of services, providing them with access to preventive and primary care rather than with delayed emergency intervention may actually lower the costs of the health system. In this context, the Special Rapporteur stresses the critical importance of providing migrants with essential primary health care, given that migrants may often have to self-medicate and use health services at a later stage in the progression of their ailments than members of the host community.
- 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
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 29
- Paragraph text
- Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees the right to access health-care services, including family planning services, on a basis of equality of men and women. This provision is particularly pertinent, as migrant women and girls face specific challenges in the field of health. They may be subject to sex- and gender-based discrimination, such as mandatory HIV/AIDS, pregnancy or other testing without their consent, as well as sexual and physical abuse by agents and escorts during transit. In host States, many female migrants are employed in relatively low-skilled jobs within the manufacturing, domestic service or entertainment sectors, often without legal status and little access to health services. They are often subject to exploitation and/or physical and sexual violence by their employers or clients. They may be particularly vulnerable to HIV and have few alternative employment opportunities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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. 17
- Paragraph text
- The Special Rapporteur focused on three main thematic issues during his term as mandate holder, namely, criminalization of irregular migration, protection of children in the context of migration, and the rights of migrants to health and adequate housing. They are briefly summarized below. As a general rule, the Special Rapporteur held that the guiding principle of migration governance must be the fulfilment and protection for all migrants, regardless of their immigration status, of their internationally recognized human rights at all stages of the migratory processes - in countries or territories of origin, transit and destination (A/65/222, para. 67).
- 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
- Children
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 61
- Paragraph text
- The Special Rapporteur commends efforts undertaken by Governments to ensure migrants' access to economic and social rights, regardless of immigration status. For example, the Migration Law (Law 25.871 of 2004) of Argentina recognizes the State obligation to ensure equal access to, inter alia, shelter, social services, public goods, and health for migrants and their families, regardless of immigration status. In Spain, all migrants, regardless of immigration status, are also entitled to register in the local government's register, which is a requirement for, inter alia, having access to education and health care. It is worth noting that the content of the registration information is not shared with immigration authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 62
- Paragraph text
- A number of initiatives have been also undertaken at the regional level. For example, the Migration Policy Framework for Africa, adopted by the African Union in 2006, aims at developing a coordinated migration policy based on common priorities, including the interlinkages among migration, poverty and conflict as well as between migration and health. In 2008, the Inter-American Commission on Human Rights also developed the Guidelines for the Preparation of Progress Indicators in the Area of Economic, Social and Cultural Rights, in which it recommends that States consider groups and sectors enduring situations of severe inequality which limit their enjoyment of social rights, including migrants in irregular situations. In the Asia-Pacific region, there are initiatives, such as the Joint United Nations Initiative on Mobility and HIV/AIDS in South-East Asia, which seek to develop and strengthen policies, legislation, plans and mechanisms to ensure universal access by migrants to HIV prevention, treatment, care and support services throughout the migration cycle.
- 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
- Year
- Item does not have this property
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. 60
- Paragraph text
- Given the current gaps, the Special Rapporteur suggests that more attention be placed on identifying and discussing new frameworks for managing potential movements. Attention could be given to both aspects of the environment and migration nexus: (a) identifying adaptation strategies that enable people to remain where they currently live and work; (b) identifying resettlement strategies that protect people's lives and livelihoods when they are unable to remain; and (c) maintaining and reinforcing a human-rights based approach designed to protect the rights of migrants. Although most migration is likely to be internal, the potential scale of movements will necessitate coordinated action in support of the affected countries. International cooperation in mitigating harmful migration while planning for movements that will be an essential component of adaptation strategies will help ensure the protection of those who will be most affected by environmental change.
- 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
- 2011
- Year
- Item does not have this property
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. 61
- Paragraph text
- The Special Rapporteur also recalls that there are still wide gaps in the information available to policy makers. These gaps exist in content (how and when environmental changes become a primary driver of migration), scale and methodology (studies and methods for interdisciplinary analysis), and frameworks for appropriate migration management strategies. Little research capital has been invested in broad-scale environment-migration studies. The lack of statistically relevant data at the national or regional levels shows constraints in the design of policies that could build resilience and promote adaptation among vulnerable communities. Investing in the development of both short and long-term research, data collection, and monitoring projects could help close these gaps. Promoting inter-agency and interdisciplinary data collection and data sharing could strengthen the capability of Governments to observe and analyze migration patterns. Allowing researchers better access to official data could also enhance study results.
- 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
- 2011
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 26
- Paragraph text
- Beyond the work of OHCHR, the United Nations system as a whole is also increasingly focusing on the intersection of climate change and environmental policy and migration. The Global Migration Group, a collective of 18 United Nations agencies, the World Bank and the International Organization for Migration (IOM), was created in 2006 in recognition that migration is a complex and multidimensional issue that requires a coherent and coordinated approach from the international community (see http://www.globalmigrationgroup.org). The United Nations Educational, Scientific and Cultural Organization (UNESCO) as the Chair of the Global Migration Group in the second half of 2011, focused its statement on the relationship between climate change and migration.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 33
- Paragraph text
- Further difficulties in defining the climate-change-induced migrant are compounded by the fact that climate change may induce a range of migration patterns. Climate change may induce temporary, circular and permanent migration movements, which may be multidirectional, or episodic. Persons affected may move internally or internationally, spontaneously or in an organized and planned manner, and may range on a wide continuum between forced and voluntary migrations. Future predictions remain problematic: while research may suggest some ways in which climate change may affect migratory patterns, it is difficult to predict future movements accurately if only because of the decisive role of individual human agency, as migration is always also an individual trajectory and never simply a mass displacement. Moreover, the success, or lack thereof, of future mitigation and adaptation strategies, including the development of new technologies which may or may not ameliorate the situation of those most affected by the effects of climate change, are impossible to know. Furthermore, it is impossible to forecast the impact of future extreme environmental events, including their regularity or force.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 36
- Paragraph text
- Within societies, specific groups may be more vulnerable to the effects of climate change than others. Economically disadvantaged communities can be especially vulnerable, in particular those concentrated in high-risk areas, as those societies may be highly dependent on the environment for their livelihood. Other determinants play a key role, including personal characteristics such as age, gender, wealth or disability. Moreover, the Special Rapporteur recognizes that in general, people migrating through a lack of choice as a consequence of climate change are more likely to be moving in an irregular situation and are therefore more vulnerable to human rights violations through the course of their migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Year
- Item does not have this property
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. 66
- Paragraph text
- The Special Rapporteur notes that many destination countries have in the past prohibited all political activities of non-citizens. A number of countries still have special constraints on the freedoms of expression, assembly, and association for noncitizens. Some States deny foreign nationals the right to be members of political parties. Therefore it is worth recalling that international human rights law permits restrictions only if they "are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others". Accordingly, the Special Rapporteur believes that policies denying migrants these freedoms merely because of their nationality are not sustainable.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
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. 68
- Paragraph text
- With regards to communities of migrant origin, the Special Rapporteur recalls that these communities include citizens as well as non-citizen residents, whatever their legal status in the country might be (i.e. regular or not). The political integration of these persons of migrant origin depends not only on their individual rights, but also on opportunities and incentives for their participation in political life. Access to political rights through admission to citizenship or through extending the franchise to noncitizens would not alleviate the problematic if the new citizens have lower voting rates in elections and are strongly underrepresented in public offices, parliaments and political parties.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 55
- Paragraph text
- Under the International Covenant on Civil and Political Rights, civil and political rights must first, as a rule, be recognized by a State to "all individuals within its territory and subject to its jurisdiction without distinction" (art. 2). The International Covenant on Economic, Social and Cultural Rights further guarantees social, economic and cultural rights for all without discrimination. In this context, these Covenants ensure the applicability of fundamental rights for migrants, including the right to life, among other basic rights, including the right to an adequate standard of living and health. In particular, the Special Rapporteur notes that the well-established principles of non-discrimination established in both treaties may require States to develop specific policies and programmes, taking into account the particular circumstances and needs of climate-change-induced migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 56
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families explicitly applies the rights elaborated in the International Bill of Rights to the specific situation of migrant workers and members of their families. Entering into force in 2003, the Convention has now been ratified by 45 States, and the Special Rapporteur urges its prompt ratification by all remaining States. Furthermore, several conventions negotiated under the auspices of the International Labour Organization contain important provisions reaffirming the human rights of migrants.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 57
- Paragraph text
- The Special Rapporteur notes further the obligation to provide humanitarian relief to persons affected by climate change. Such assistance should support environmentally induced migrants around the time of their displacement and may take different forms, either as an emergency response to a sudden disaster, or planned in advance to accompany steady movements of migrants or to assist resettlement. Humanitarian relief should aim at ensuring the most basic rights of environmentally induced migrants, be premised on human rights principles and pay due regard to the fundamental principles of non-discrimination, participation, empowerment and accountability.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 58
- Paragraph text
- In the context of internal displacement, the Guiding Principles on Internal Displacement also provide a strong legal framework and restate relevant hard law, such as the Operational Guidelines on the Protection of Persons in Situations of Natural Disasters and the Framework on Durable Solutions for Internally Displaced Persons. In this regard, the Special Rapporteur refers to the report of the Special Rapporteur on the human rights of internally displaced persons (A/66/285), which analysed in detail the applicability of those principles in relation to climate-change-induced internal displacement.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 79
- Paragraph text
- The Special Rapporteur further observes that, beyond those States affected by climate-change-induced migration, whether States of origin, transit or destination, all States have the international responsibility to protect the human rights of foreign populations whose State is unable to do so. Respecting the basic human rights of climate-change-induced migrants should be considered as a basic tenet of international cooperation, defined by the purposes of the United Nations in Article 1 (3) of the Charter. In this regard, the existing human rights legal framework provides important protections to migrants, including through the monitoring and standard-setting functions of human rights mechanisms.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 61
- Paragraph text
- Case management/supervised release is a strategy for supporting and managing individuals while their status is being resolved, with a focus on informed decision-making, timely and fair status resolution and improved coping mechanisms and well-being on the part of individuals. Case managers establish personal rapports with migrants and may answer legal questions, explore opportunities for legal stay, provide access to a lawyer if requested, provide up-to-date information on the status of the immigration case, help solve logistical issues, etc. Case management generally comprises three types of alternatives: supervision by community organizations and NGOs; a joint programme between the Government and NGOs; or Government-administered alternatives. Case management may be done in conjunction with other measures, such as reporting requirements or bail. Migrants should be able to report to a competent authority, without fear of reprisal, any discriminatory, arbitrary or otherwise abusive conduct by State or non-State actors in the course of providing supervision of their release.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 62
- Paragraph text
- Designated residence usually entails either housing persons in communal houses and apartments, or directing them to live in a certain region or district within the country. Prior approval may be needed to change address or move out of the administrative region. This measure is sometimes used to share the "burden" of receiving immigrants between different regions of a given country. Sometimes a designated residence may be in an isolated area, and it is important to ensure that the location of the designated residence allows the persons involved to access health-care services, education and legal assistance, and employment opportunities where appropriate. Furthermore, the use of designated residence may undermine the freedom of movement of the migrants concerned and should therefore be used with caution.
- 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
- Persons on the move
- Year
- 2012
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 8
- Paragraph text
- Migration is a complex phenomenon which affects most, if not all, States in the world and is closely linked to other global issues, such as development, health, environment and trade. States have created international frameworks for such other global issues, recognizing the advantages of regulation at the international level, but despite the existence of legal frameworks on migration issues, a comprehensive framework for migration governance is still lacking. Certain aspects of migration are more frequently discussed at the bilateral and multilateral levels, such as the connections between migration and development. However, given that migration is in essence a fundamentally human phenomenon, the Special Rapporteur notes the need for an international migration governance regime strongly focused on 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
- 2013
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 65
- Paragraph text
- Thus, the phenomenon of climate-change-induced migration may require rethinking of the human rights categories afforded to migrants and the development of eventual protection mechanisms for persons on the move. The Special Rapporteur remains aware, however, that it may not necessarily be ideal to single out those migrants who move for environmental reasons. Over and above the aforementioned difficulties of proving causality, there are many other categories of vulnerable migrants who also need protection. Rather, the Special Rapporteur encourages the development of coherent policies regarding the rights of all migrants, which takes into account the myriad circumstances which lead people to migrate, including the need for human rights protections, in particular for those who are "induced" or "forced" to migrate.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 67
- Paragraph text
- To date, the international legal framework appears to be largely inadequate to address such a situation. The first article of the Montevideo Convention on the Rights and Duties of States requires that a State possess four elements: a permanent population; a defined territory; a government; and a capacity to enter into relations with other States. Yet, a legal issue that remains unresolved is the status of the State after the disappearance of one of the elements established by the Montevideo Convention. Furthermore, although international law provides that a State may become extinct under certain circumstances such as absorption, merger and voluntary or involuntary dissolution, the situation of a State abandoned by its population due to the effects of climate change is simply so new that no clear international legal framework appears to apply.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 17
- Paragraph text
- In response to the Doyle report, the Global Commission on International Migration was created in 2003 by a group of States as an independent commission to make recommendations on how to strengthen the national, regional and global governance 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
- 2013
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 18
- Paragraph text
- In 2004, the International Labour Conference, in the adoption of a plan of action for migrant workers, achieved consensus among its tripartite constituents (labour ministries and employers' and workers' organizations) on a rights-based approach to labour migration.
- 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
- 2013
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 76
- Paragraph text
- There are significant overlaps between several regional consultative processes, and this has been deemed unsustainable from a political, financial and human resources perspective. The overlaps create a risk of duplication and contradiction, thus requiring enhanced coordination between the different processes. The majority of them are not linked to each other, and they have different agendas. Consequently, making them come together as a whole seems unlikely. There have, however, been some efforts at coordination between the principal regional consultative processes, including global meetings of their Chairs and secretariats organized in collaboration with IOM.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 50
- Paragraph text
- The right to liberty and security of person, as set out above, obliges States to consider in the first instance less intrusive alternatives to detention of migrants. The Human Rights Committee held in communication No. 900/1999 that States have to demonstrate that "in the light of the author's particular circumstances, there were not less invasive means of achieving the same ends, that is to say, compliance with the State party's immigration policies, by, for example, the imposition of reporting obligations, sureties or other conditions which would take account of the author's deteriorating condition" (para. 8.2). The Working Group on Arbitrary Detention, in order to determine whether or not custody is arbitrary, considers inter alia the possibility for the alien to benefit from alternatives to administrative custody (E/CN.4/1999/63, para. 69, guarantee 13). The Working Group has recommended that "alternative and non-custodial measures, such as reporting requirements, should always be considered before resorting to detention" (E/CN.4/1999/63/Add.3, para. 33).
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 22
- Paragraph text
- Following the High-level Dialogue, the opposition by States to the establishment of a forum within the United Nations to discuss migration led to the creation of the Global Forum on Migration and Development outside the United Nations framework.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 80
- Paragraph text
- Migration policies are formulated mainly at the national level, despite migration being by definition transnational. Good governance at the national level is thus a basis for more effective cooperation at the regional and global levels. This can be achieved by establishing a coherent approach at the national level, addressing all stages of the migration process, coordinated across government and developed in widespread consultation with the private sector, civil society and migrants themselves. Ministries responsible for, inter alia, health, education, employment, children and social policies should be fully involved in the elaboration of migration 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
- Children
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 27
- Paragraph text
- Migration is a multifaceted phenomenon, and the legal regime dealing with its different aspects has developed at different stages. This sectoral approach is partly due to States' past reluctance towards discussing all aspects of migration in a comprehensive way. Despite this reality, the Special Rapporteur believes that the international legal framework, which incorporates international human rights law, the refugee regime, international labour standards and transnational criminal law (smuggling of migrants and trafficking in persons), is a solid framework for policymaking on migration. However, the inadequate implementation of these standards at the national level remains a major problem.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 37
- Paragraph text
- The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), which supplement the Standard Minimum Rules for the Treatment of Prisoners, provide that account shall be taken of the distinctive needs of women prisoners. Inter alia, the accommodation of women prisoners shall have the facilities and materials required to meet women's specific hygiene needs; the health screening of women prisoners shall determine, inter alia, mental health-care needs, including post-traumatic stress disorder and risk of suicide and self-harm; the reproductive health history of the woman, including current or recent pregnancies, childbirth and any related reproductive health issues; and sexual abuse and other forms of violence that may have been suffered prior to admission. The Bangkok Rules furthermore provide for gender-specific health care, individualized, gender-sensitive, trauma-informed and comprehensive mental health care and rehabilitation programmes for women with mental health-care needs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 72
- Paragraph text
- The main purpose of the regional consultative processes is the coordination of migration, presenting a forum for States to share information, not regulation. They thus take place behind closed doors, with little involvement on the part of civil society. Governments exchange what they consider best practices, including the technological advances that they have been able to make and the processes that they have adopted, and develop forms of cooperation. Often this will include a transfer in technology or training of personnel. Regional consultative processes may sometimes contribute to elaborating bilateral, regional or trans-regional agreements. However, given the informal nature of these mechanisms, there is no detailed record of the proceedings, and accountability is therefore difficult to track. Regional consultative processes generally do not focus on human rights, although human rights are on the agenda of some of them, including the Puebla Process and the South American Conference on 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 88
- Paragraph text
- Migration benefits not only States of origin, for example in terms of remittances and the transfer of social and cultural knowledge, but also States of destination, which often have labour shortages and rely on migrant workers, both high- and low-skilled, as well as in terms of cultural diversity and knowledge exchanges, among others. If States were to agree to cooperate more on migration governance, they would be able to maximize and better redistribute these benefits. Such cooperation would not preclude States from determining the number of labour migrants, as already noted in relation to the European Union's system.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 89
- Paragraph text
- Migration is one of the main manifestations of globalization, which cannot be managed unilaterally by national migration policies. International cooperation is necessary to achieve national policy goals. There is no doubt that all States will benefit from a strengthened framework on global migration governance. No State can, on its own, or even jointly with a few other States through bilateral or regional cooperation, discuss migration in a comprehensive way. The Special Rapporteur observes that States' reluctance to strengthened migration governance seems to be based on the misconception that this will limit their sovereignty.
- 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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 63
- Paragraph text
- In particular, the Special Rapporteur remains concerned about the negotiation and conclusion of these agreements, specifically as to how human rights guarantees are incorporated therein. It appears that readmission agreements have been developed with third countries despite the lack of a well-functioning asylum system or the lack of resources or infrastructure to manage large inflows of migrants in a manner that would effectively ensure proper protection of human rights. Moreover, the agreements operate to oblige signatory countries to take back not only their own nationals but also third-country nationals, which may pose particular human rights concerns for those persons.
- 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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 20
- Paragraph text
- However, the Special Rapporteur notes that this focus on migrants who undertake irregular border crossings has significant relevance, as this is where the most egregious human rights abuses appear to take place. Of the utmost concern are the deaths of irregular migrants attempting to cross into the European Union. Other concerns are the mistreatment of migrants at the border, including practices which infringe their liberty and security, and detention regimes on both sides of the border that fail to adequately respect minimum human rights standards. Furthermore, even before crossing the border to the European Union, whether by sea or by land, migrants are often exposed to serious risks of abuse and exploitation en route, including by smugglers. This is particularly true for women and girls who wait in transit countries and who may be exposed to sexually based violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 22
- Paragraph text
- Within this context, the Special Rapporteur notes the unique position of the European Union with regard to management of the complex phenomenon of a common migration system. The European Union is a singular economic, social and political partnership among 27 Member States, many of whom have developed domestic legal traditions with strong human rights protections. In addition, at the regional level, the European Union has developed a comprehensive system of legislation, with strong human rights protections that complement domestic fundamental rights law and international human rights law. Thanks to this system, long-term third-country nationals legally staying in European Union Member States enjoy similar rights to those of European Union citizens with regard to free movement, establishment and work conditions. The Special Rapporteur thus notes that the European Union is uniquely placed to address human rights of migrants regarding management of its borders.
- 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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 13
- Paragraph text
- Migration has always been a fundamental part of European history: migrants are undoubtedly a key element of the cultural, economic and social fabric of the European Union, and contribute to European society in countless ways. Yet, in recent decades, migration within Europe has become an increasingly sensitive topic, often leading to polarized and heated public debates and becoming a decisive election issue in national elections. Moreover, although migration policies were traditionally the domain of individual member States, the European Union has, over the past two decades, engaged in a process of coordination of the rules of admission and on border management, including common rules on residence of third-country nationals. With 42,673km of external sea borders and 7,721km of land borders, the Schengen free-movement area, comprising 26 countries (including four non-European Union States) with over 700 million crossings at the external borders in 2011 alone, is a unique experiment in regional border 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
- 2013
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 52
- Paragraph text
- For example, the Special Rapporteur repeatedly witnessed inadequate procedures for detention, including the failure to guarantee proper legal representation, lack of access for detainees to consular services, and interpretation or translation services, lack of appropriate detection procedures for vulnerable individuals and lack of recourse to effective remedies. Conditions of detention were also precarious, with inadequate health care or psychosocial support, and prison-like conditions. In Tunisia, Turkey and Greece, he also witnessed the detention of children and families, and the lack of a proper system of guardianship for children. In all countries visited, he observed the detention of persons without prospect of removal, and a quasi-total absence of meaningful alternatives to detention mechanisms.
- 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
- Children
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 54
- Paragraph text
- Another recurring problem encountered was that of situations of prolonged detention due to non-removability. It should be noted that the European Court of Justice has clarified that in the European Union an irregular migrant cannot be detained for the sole reason that he or she is irregularly staying in the country, even if he or she has not followed an order to leave the country. Detention in the absence of deportation proceedings was thus found to be contrary to the aim of the European Union Return Directive. Despite this important affirmation by the Court clearly specifying how these provisions should be interpreted, the Special Rapporteur regularly witnessed the detention, for prolonged periods, of persons who had no real prospect of removal. This was certainly the case in Greece and Italy, and to a lesser extent and for shorter periods of time in Tunisia and Turkey.
- 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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 29
- Paragraph text
- Furthermore, important human rights advances within the context of European Union external border management must not be overlooked. For example, the European Union has taken considerable steps to ensure that Frontex improves its compliance with international human rights law. Following the CJEU judgement annulling Council Decision 2010/252/EU, the European Union will establish new rules and guidelines for Frontex Sea Operations, and the Special Rapporteur has been assured that the Commission's proposal will fully incorporate respect for fundamental rights and non-refoulement during Frontex operations, and clear disembarkation rules in line with international refugee law and international human rights law. In 2011, the Frontex Regulation was also revised, and the institution was mandated to appoint a Fundamental Rights Officer to monitor its operations' impact on migrants' and refugees' fundamental rights, and to establish a Consultative Forum on Fundamental Rights with an advisory role in providing policy advice.
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 23
- Paragraph text
- Human rights standards and principles provide specific guidance as to how goals, targets and indicators should be framed in the post-2015 United Nations development agenda. Since the participants in the United Nations Conference on Sustainable Development proposed the inclusion of human rights in the sustainable development goals, support for the inclusion of human rights has also been reiterated by the United Nations system task team on the post-2015 agenda, the Secretary-General (see A/68/292), stakeholders around the world in global thematic consultations sponsored by the United Nations, the High-level Panel of Eminent Persons on the Post-2015 Development Agenda and the Open Working Group of the General Assembly on Sustainable Development Goals. The content of the present report - in particular the goals, targets and indicators - is drawn from those sources and from OHCHR and the Global Migration Group.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 47a
- Paragraph text
- [Indicators under this goal could include:] Proportion of migrant children and children of migrants under 5 years of age whose birth is registered with a competent civil authority;
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 53
- Paragraph text
- Indicators should focus on the increased proportion of migrants with equal access to social security and cross-border portability of earned social security benefits such as pensions.
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 27
- Paragraph text
- The Special Rapporteur would like to strongly emphasize, however, that migration is first and foremost about human beings who are rights holders exercising their personal freedom to move and whose dignity can be defined by how much they are allowed to exercise options in defining their own future and that of their family, without being only constrained by status and circumstances. It is therefore crucial to facilitate mobility while effectively promoting and protecting the human rights of migrants within well-governed migration processes. Development is no longer defined only from an economic lens, given that sustainable development includes economic, environmental and social dimensions. All subjects of development, including migrants, should equally enjoy their human rights. Unfortunately, the reality is that many migrants continue to live and work in precarious and inequitable conditions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 69c
- Paragraph text
- [Indicators should include the proportion of:] Migrant girls having access to and completing primary and secondary education and demonstrating relevant learning outcomes, by migration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 73
- Paragraph text
- In recognition of the push and pull factors of migration, a target should be developed to ensure the appropriate governance of migration, to promote the matching of skills and jobs and of labour supply and demand between countries, including by creating fair, safe and regular channels for migration, including for low-skilled labour. In addition, the targets should aim to counteract deskilling and include increasing the proportion of migrants who are working at the skill level that is most relevant to their education, training and work experience, so as to facilitate their integration into the local labour force and their reintegration into the labour market in the country of origin.
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 62
- Paragraph text
- According to article 13 of the International Covenant on Economic, Social and Cultural Rights, the right to education is a universal right. As recognized by Committee on Economic, Social and Cultural Rights in its general comment No. 13, education is the "primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities". The Committee on the Elimination of Racial Discrimination, in its general recommendation No. 30, has highlighted the need for States to ensure that all migrant children, irrespective of their status, have access to public educational institutions. The Committee on the Rights of the Child, in its general comment No. 9, endorsed the concept of inclusive education as "a set of values, principles and practices that seeks meaningful, effective, and quality education for all students, that does justice to the diversity of learning conditions and requirements not only of children with disabilities, but for all students".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 64a
- Paragraph text
- [Targets should include:] All children, including migrant children, irrespective of their status and circumstances, have equal access to and complete free, inclusive and quality primary and secondary education;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 64c
- Paragraph text
- [Targets should include:] All children, including migrant children, irrespective of their status and circumstances, receive culturally appropriate education;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96b
- Paragraph text
- [Indicators for such a target should include:] Time frame and coverage of enhanced regular migration channels, including for family reunification;
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 89e
- Paragraph text
- [Indicators should include:] Proportion of migrants who are victims of crime, including bias-driven violence;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 64e
- Paragraph text
- [Targets should include:] Promotion of lifelong vocational training for all, including migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 33
- Paragraph text
- Migrants report discrimination by their employers, on many grounds such as nationality, race and sex, with regard to, inter alia, remuneration, excessive overtime, opportunities for promotion, access to health care and unfair dismissals. Migrants are sometimes submitted to mandatory HIV testing, which is prohibited under the ILO HIV and AIDS recommendation, 2010 (No. 200). Migrants, both regular and irregular, are often employed under precarious and discriminatory conditions, with temporary contracts that do not entitle them to access social security services. They sometimes suffer verbal, physical and sexual abuse in the workplace.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 105
- Paragraph text
- It is difficult to develop targeted programmes and measure progress for marginalized groups, including migrants, that are socially, economically and politically excluded or that suffer chronic violations that go unrecognized by the State. The relevant data tend not to be systematically collected, which leads to further exclusion. Without such data, marginalized groups are not adequately considered when States are setting priorities, developing policy and allocating budgets. Data sourcing that allows for disaggregated data and that measures and monitors the progress of development for all migrants, irrespective of their status, should be developed.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96i
- Paragraph text
- [Indicators for such a target should include:] Capacity-building for the collection, dissemination and use of disaggregated data on the situation of migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 44
- Paragraph text
- The Special Rapporteur has received information indicating that many migrants are not provided with social security benefits. Migrants frequently risk losing entitlement to social security benefits in their home country due to their absence, and at the same time they may encounter restrictive conditions under the social security system of their country of employment. Portability of social security for migrants who wish to return to their home country is also problematic. Social security is particularly difficult to access for irregular migrants. While irregular migrants are often not able to participate in contributory schemes, they still contribute to financing social protection schemes by paying indirect taxes. Also, temporary migrants have difficult access to social security, due to long residency requirements.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96l
- Paragraph text
- [Indicators for such a target should include:] Reduction of the human cost of migration, including loss of lives and violations of human rights;
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96m
- Paragraph text
- [Indicators for such a target should include:] Reduction of upfront costs for migrants, especially recruitment fees;
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 16
- Paragraph text
- People migrate for a variety of reasons. Push factors include war, conflict, natural disasters, persecution, poverty and unemployment. A major pull factor is the need for migrant labour in destination States. Irregular migration is frequently a result of a lack of regular migration channels, particularly for low-skilled workers, despite an often unrecognized need for their labour in countries of destination and the resulting vast underground labour markets that attract them. Many people see migration as the only way to improve their social and economic situation, and sometimes they see no other option but to migrate or remain irregularly. Migrants, and particularly irregular migrants or migrants with a precarious residence status, are often willing to do the "dirty, difficult and dangerous" jobs that nationals will not, at the exploitative wages that unscrupulous employers will offer.
- 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
- Year
- Item does not have this property
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 68
- Paragraph text
- There are a number of different ways that destination countries can support the integration of migrants into society. 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 legitimizing human-rights-based migration policies, by showing that territorial sovereignty and human rights are not incompatible. Ensuring that migrants can access basic social protection services irrespective of their migration status would significantly reduce the precariousness of the migrant situation. Tackling racism and xenophobia through fact-based analyses is another important step towards the integration of migrants in countries of destination. Additionally, offering access to permanent residency and citizenship would not only have a practical impact of increasing the migrants' sense of belonging and security in the country of destination, but would also be a powerful symbolic gesture recognizing the role and value of migrant workers in the development of the country of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 60
- Paragraph text
- Above and beyond banning fees, the development and harmonization of the legal and policy frameworks relating to recruitment is needed to transition to a wholly ethical system. Reform should include the ratification and full implementation of all international human rights instruments, including the two 1966 International Covenants on Human Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as relevant labour standards, including the 1997 ILO Convention on Private Employment Agencies (no. 181), and soft law principles such as the Dhaka Principles. All of these standards apply to all migrants irrespective of their legal status and also include duties for States to protect individuals from third-party violations of their human rights.
- 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
- 2015
- Year
- Item does not have this property
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. 55
- Paragraph text
- The precarious routes to Europe discussed above are mixed migration channels, with economic migrants also risking their lives to seek opportunities because regular channels for migrant workers to the European Union do not exist. Some progress in opening up economic migration channels has been made through the development of the Blue Card system and the seasonal workers directive. However, use of the Blue Card among European Union member States is low and sustained opportunities for low-skilled migrants are scant. In sectors where regulation is inadequate, such as domestic work, care, construction, agriculture and tourism, migrants in need of work but unable to get visas come irregularly and can become vulnerable to abuse, violence, restrictions on their freedom of movement and economic exploitation.
- 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
- Year
- Item does not have this property
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. 56
- Paragraph text
- While the relationship between irregular migration status and labour market abuses is complex, the former will tend to increase vulnerability to the latter. Undocumented workers, constrained by circumstances, will perform tasks at great financial, physical and psychological cost. Little attention has been given to the impact European Union labour market dynamics has on pull factors for irregular migration and the suffering of undocumented migrant workers in the European Union. While the human rights implications of using precarious sea routes have been highly visible, the suffering experienced by undocumented migrant workers inside the European Union is largely invisible.
- 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
- Year
- Item does not have this property
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. 62
- Paragraph text
- A human rights-based framework for migration would ensure the application of these obligations and duties to people in vulnerable situations of migration. It is a framework based on equality and non-discrimination, the duty to protect and access to justice. By upholding the principles of equality and non-discrimination, States acknowledge that human rights are for all and that migrants should be treated as equal rights holders, regardless of their migratory status in relation to the sovereign territory they find themselves in. When migrants are viewed as equal rights holders, a duty to protect them at all stages of the migration process naturally follows. If violations of these rights occur at any point, as equal rights holders, migrants must have access to justice to remedy any injustice.
- 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
- Year
- Item does not have this property
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. 66
- Paragraph text
- In the long term, the European Union needs to take stock of the durable failure of the Dublin logic and develop options for solidarity among its member States and greater freedom of movement for migrants in Europe. Reversing the present logic, asylum seekers should be able to register their asylum claim in the country of their choice and the European Union should build upon current initiatives and support the countries receiving asylum claims with proportionate and adequate financial and technical support. Standardizing reception conditions and refugee status determination procedures throughout the European Union should be a top priority, in order to avoid "asylum dumping" and stress on the countries that offer better 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
- Year
- Item does not have this property
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. 69
- Paragraph text
- Secondly, smugglers and exploitative employers are presently implementing the labour mobility that many European labour markets need in order to thrive. Through creative visa opportunities for work at all skills levels, including for low-wage migrants, the European Union could streamline the number of migrants coming through irregular means. Coupled with entry and exit controls and other supporting initiatives, multi-year and multi-entry visas could incentivize migrants to come to the European Union for work and return to the country of origin while respecting visa conditions. For such a plan to be successful, the European Union and its member States will need to considerably reduce underground labour markets and exploitation in the workplace over the coming decade, as they act as a magnet for irregular migration at the request of exploitative employers: tougher labour inspection mechanisms and stronger labour unions will be needed to achieve such results.
- 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
- Year
- Item does not have this property
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. 71
- Paragraph text
- The successful implementation of this policy mix requires challenging the many intersecting and negative perceptions of migrants and migration that have pervaded European Union debates, discourses, policies and politics. The strict conceptual delineation between internal and external migrants, demonstrated by the freedom of movement within the Schengen region and the securing of external borders, conflicts with a human rights-based framework for migration that is based on equality and non-discrimination. This distinction also rests on the assumption that sealing international borders is possible, which the unsustainable status quo strongly shows is not the case.
- 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
- Year
- Item does not have this property
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. 72
- Paragraph text
- The view of migrants among many stakeholders as "illegal" is counterproductive and is not based on facts or the provisions of international law. While migrants who come to the European Union without documents are in an irregular situation (or "undocumented" or "unauthorized"), they have not committed a criminal act. The conceptualization of irregular migrants as "illegal" has undoubtedly played into the use of immigration detention. It has also had an impact on the general public's perception of migrants, legitimizing policies that are not in line with human rights guarantees and contributing to xenophobia and discrimination.
- 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
- 2015
- Year
- Item does not have this property
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. 73
- Paragraph text
- The common conception that migrants are "job stealers" is also a harmful fantasy. Much economic literature (see Card and Peri) has highlighted how migrants complement rather than compete with citizens, therefore creating greater overall productivity within the economy. A 14-year study (Peri and D'Amuri) into the effects of non-European Union migration on 15 Western European countries showed that by taking manual jobs, migrants pushed natives towards more highly skilled and better-paid jobs. In that study, a significant increase in more complex skills among natives following migration was noted. The labour market adjusted with no significant impact on natives' employment rates. The impact of the global recession was shown to decrease but not eradicate this positive phenomenon, debunking the argument that an economic downturn justifies repressive policies.
- 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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 63
- Paragraph text
- A well-organized migration policy based on mobility and human rights could also help States to enhance their development impact. In 2015, migrants sent approximately $432 billion in remittances. Migrants who moved from countries with a low human development index to countries with a higher development index experienced, on average, a 15-fold increase in income, a doubling in education enrolment rates and a 16-fold reduction in child mortality. If the human rights of migrants are effectively respected, protected and promoted within well-regulated migration processes, such development outcomes can be greatly enhanced.
- 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
- 2016
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 65
- Paragraph text
- The Special Rapporteur underlines that it is important for States to ensure inclusive processes that allow for a robust public debate, including through national consultations, and that promote a better understanding of the needs of migrants in terms of human and labour rights protection. This will allow States to develop more targeted programmes and more suitable mobility options and to measure effective progress for migrants, especially those who are socially marginalized, economically excluded and politically invisible. Such processes and data collection will constitute an important contribution to the 2030 Agenda for Sustainable Development.
- 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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 11
- Paragraph text
- Many migrants move voluntarily in a safe and regular manner and live and work in conditions in which their labour and human rights are respected. In some circumstances, families are reunified. Others are forced to migrate as a result of push factors, including poverty, discrimination, violence, conflict, political upheaval and poor governance, and pull factors, including official or unacknowledged labour needs, as explained above, or for family reunification. Children are disproportionately represented among those forcibly displaced. In the context of natural disasters and climate change, migration is increasingly seen as an adaptation measure ensuring resilience through planned mobility. In the process of migration, many face exploitation, discrimination, abuse and other human rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 107
- Paragraph text
- The Special Rapporteur supports such initiatives and notes that a broader framework based on human rights for all migrants is required to encompass these initiatives so as to guarantee a more holistic approach.
- 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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 15
- Paragraph text
- The only way to effectively reduce smuggling is to offer more accessible, regular, safe and affordable mobility solutions, with all the identity and security checks that efficient visa procedures can provide.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- All
- Year
- 2016
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 43
- Paragraph text
- Trade unions have been critical partners in the prevention of human trafficking and forced labour. The International Trade Union Confederation and the International Union of Food Workers, for example, have played a critical role in curtailing forced labour in the cocoa industry in Côte d'Ivoire by advocating implementation of the Protocol for the Growing and Processing of Cocoa Beans and Their Derivative Products in a Manner that Complies with ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. A partnership between the confederation of workers Rerum Novarum, of Costa Rica, and the Sandinista Workers' Centre and the Confederación de Unificación Sindical, of Nicaragua, led to the creation of the Trade Union Centre for Migrants, which offers free legal and administrative assistance to all migrant workers seeking regularization and aims to combat trafficking in children by partnering with the local taxi drivers' union.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 72
- Paragraph text
- The Special Rapporteur wishes to provide States with guidance on how to ensure that the trade agreements they conclude are consistent with their obligations towards migrants under international law. The Special Rapporteur understands that there is no blanket solution that will remedy all of the challenges related to trade and migration, but he believes that the systematic inclusion of a series of processes and provisions during trade negotiations would establish a strong institutional framework for the protection of migrants' rights. Such a system would include explicit references to international human rights and labour instruments in trade provisions, the dissemination of information about the draft terms of trade agreements and opportunities for public discourse about trade implications and the collection of reliable data that is made public to better inform trade policies and migration patterns.
- 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
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 73
- Paragraph text
- The Special Rapporteur underscores the need to conduct human rights impact assessments reflective of the relevant national contexts and capacities (human, financial, political and technical) to determine appropriate provisions relating to general exception clauses, judicial remedies and other compensatory, adjustment, grievance and remedial mechanisms. These arrangements must be accompanied by monitoring and enforcement mechanisms that are developed in consultation with migrants and are continuously monitored to ensure their effectiveness. A national agency designated with independently monitoring all of the relevant ministries involved in migration matters may facilitate a comprehensive understanding of the labour migration experience of migrant workers. The awareness of labour inspectorates, national human rights institutions and ombudspersons regarding the concerns of migrants should also be raised and such entities should be tasked with ensuring that the human rights of migrant workers are being observed in the implementation of 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
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 77
- Paragraph text
- The Special Rapporteur reiterates the importance of collecting reliable data on all aspects of the migrant labour market, including irregular migratory channels, recruitment practices and the informal sector, and data disaggregated by skills, age, gender, race and national origin, among other characteristics. Having such data would allow States to learn about and respond to their actual labour market needs. The inclusion of migration in the 2030 Agenda for Sustainable Development provides a framework for data collection, as States have already collectively agreed that migration is a priority that needs to be continuously monitored. Under target 17.18 of the Sustainable Development Goals, States have agreed to enhance capacity-building support to developing countries by the year 2020 to increase the availability of high-quality, timely and reliable data disaggregated by, inter alia, migratory 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
- 2016
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 56
- Paragraph text
- Trade agreements have also enhanced the portability of social security and other acquired rights, promoted the mutual recognition of diplomas, qualifications and skills, supported the education and training of migrants, and lowered the transfer costs of remittances. MERCOSUR guarantees migrants equal civil, social, cultural and economic rights and freedoms as nationals in the destination country, particularly the right to work and to carry out any legal activity. The Ibero-American Multilateral Agreement on Social Security, to which two European and 12 Latin American countries are signatories, covers all persons who have been subject to the social security legislation of any of the signatory States and their family members, and provides for cash benefits in the event of disability, old age, death of a family member and employment-related injury.
- 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
- Families
- Persons on the move
- Year
- 2016
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 60
- Paragraph text
- Migrant children have unique concerns in the context of trade, as they comprise a significant proportion of child labourers in informal sectors, as well as in the commercial sex industry. In 2010, in the context of the trade agreement between Panama and the United States, the National Bureau against Child Labour and for the Protection of Adolescent Workers was established within the Panamanian labour department. The partnership agreement between the members of the African, Caribbean and Pacific States and the European Union, also known as the Cotonou Agreement, provided for the creation of cooperative education programmes towards the elimination of child labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2016
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 62
- Paragraph text
- The Special Rapporteur reiterates that the manner in which international trade regulations and negotiations have been dominated by high-income countries has had tremendous consequences for the most vulnerable segments of the population, specifically migrants. Throughout the development of the multilateral trade regime, the protectionist approach to specific sectors has prevented developing economies from reaping the benefits of free trade where they have a comparative advantage in medium-to-low-wage labour. As migrants have continued to move towards high-productivity regions, the economic and political clout of developed countries has seriously undermined negotiations, monitoring and accountability in trade and mobility arrangements. Within WTO, high-income countries have filed the most complaints, largely owing to their superior financial and legal resources. Empirical studies also indicate that, when developing countries sue high-income countries, they tend to experience longer delays between the end of litigation and the beginning of compliance proceedings. In 2009, in recognition of inherent asymmetry in the global economy, heads of the Group of 20 pledged not to repeat the same protectionist mistakes in trade, but the International Monetary Fund reports that during the financial crisis 17 of the 20 countries imposed trade restrictions, distorting aggregate world trade by at least 0.25 per cent ($50 billion per year). As a result of institutionalized inequities, migrants' concerns become even more attenuated in the context of trade, even though trade decisions have a direct impact upon migrants' 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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. 41
- Paragraph text
- After making often extremely long, dangerous and arduous journeys to the European Union, many irregular migrants and asylum seekers are subjected to immigration detention. Detention is also commonly used by many States when migrants are waiting to be returned, either because of an unsuccessful protection claim or because they have been identified through the Eurodac database as having entered the European Union in another country.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 58
- Paragraph text
- The deposit of documents (passport or other identification documents) with relevant authorities may be used as an alternative to detention, in order to prevent absconding. However, in such cases, the migrants must be provided with alternative identification documents, which they may need in order to rent accommodation, access education, health-care services, etc.
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 31
- Paragraph text
- The Open Working Group of the General Assembly on Sustainable Development Goals has discussed the need to include migrants as a cross-cutting issue and have disaggregated data on migrants. The Special Rapporteur supports the continuing discussion on migrants, which comes under the concept of "no one is left behind".
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 58
- Paragraph text
- The Special Rapporteur stresses that the services sector constitutes the largest employer for women worldwide and believes that well-facilitated and regulated migration can offer women unprecedented opportunities for financial independence and upward mobility. It is promising that regional agreements such as COMESA have prompted the elimination of discriminatory national legislation against women.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Women
- Year
- 2016
- Year
- Item does not have this property
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. 65
- Paragraph text
- The development of a human rights-based framework goes beyond protection at sea. Stepping up the creation of alternatives to detention, particularly for children, is another issue of concern that should also be a priority.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 61
- Paragraph text
- The fact that the mandate of IOM is not supportive of human rights is of concern for the whole United Nations system, as IOM is part of the Global Migration Group and the United Nations country teams in many countries and is often mistakenly believed, including by migrants themselves, to be a United Nations agency.
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 37
- Paragraph text
- The Millennium Development Goals failed to address the issue of inequality and the plight of the most disadvantaged members of society, which resulted in some Governments concentrating their interventions on the groups easiest to reach, rather than on those most marginalized.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 54
- Paragraph text
- [Examples of current good practice in relation to business practice and the banning of recruitment fees include:] Some large multinational companies at the top of the supply chain, make efforts to detect illegal recruitment fees and repay them 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96h
- Paragraph text
- [Indicators for such a target should include:] Proportion of bilateral and multilateral agreements on migration that provide for human rights safeguards and comply with international human rights and labour standards, including effective complaint and redress mechanisms;
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96j
- Paragraph text
- [Indicators for such a target should include:] Inclusion of migration in national and subnational development and poverty reduction strategies and plans, in addition to national adaptation programmes of action and disaster risk reduction strategies;
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 46
- Paragraph text
- Through resettlement programmes for refugees and the provision of humanitarian visas and other opportunities, it is well within the means of States to develop the mechanisms necessary for providing resettlement opportunities to refugees. A worldwide, well-governed distribution key that provides resettlement programmes for refugees and humanitarian visas and other opportunities will create a reliable long-term programme and ensure that a large number of refugees will seek resettlement rather than spend large sums of money and risk their lives and those of their children in smuggling operations. This would considerably reduce the market for smugglers, as well as the cost of refugee status determination procedures in the countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Year
- Item does not have this property
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 63
- Paragraph text
- Migrants face discrimination and exploitation in the workplace and sometimes experience forced labour. They often find themselves in debt bondage as a result of exorbitant recruitment fees. Nevertheless, migrants most often do not seek redress for the violations of human rights and labour standards that they suffer, owing to their limited command of the local language, their lack of knowledge of the laws and systems, cultural barriers and the fear of detection, detention and deportation. This holds especially true for the most precarious migrants, including undocumented migrants, temporary migrant workers in sponsorship programmes and live-in migrant domestic workers, most often women.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
- Year
- Item does not have this property
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 64
- Paragraph text
- Immigration legislation and regulations often restrict considerably the access of migrants to effective recourse and remedies, thus limiting their access to justice. Perpetrators of abuse, exploitation, violations of rights and violence against migrants too often benefit from practical immunity. Effective and accessible justice systems can be tools to overcome exclusion, discrimination and marginalization, through the development of progressive case law on economic and social rights, the enforcement of the human and labour rights of migrants and the systematic enforcement of laws prohibiting their exploitation by private or public actors.
- 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
- 2017
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 35
- Paragraph text
- The Special Rapporteur notes with concern that the criminalization of irregular migration has particularly negative implications for the protection of human rights of specific groups. He further notices that the reasons that may prompt persons to flee their countries of origin do not always coincide with the reasons internationally recognized as grounds for seeking and recognizing the status of refugees, but which nevertheless can leave such persons in a vulnerable situation and in need of protection of their 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 36
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the millions of people who have not been formally denied or deprived of nationality but who lack the ability to prove their nationality, or, despite documentation, are denied access to the many human rights that other persons under the jurisdiction of States enjoy. He also wishes to draw attention to allegations about deportations of persons with mental disabilities without judicial guarantees, including the right to be assisted by a lawyer.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 38
- Paragraph text
- The Special Rapporteur wishes to recall that persons who are in need of international protection are often unable to travel out of their country, or into a safe country, where they can seek asylum. With the increasing use of mandatory visa requirements, asylum-seekers who may not be able to get passports in their country of origin without putting their lives in danger have no option than to resort to irregular means to travel and enter safer territories.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 49
- Paragraph text
- The Special Rapporteur wishes to draw the General Assembly's attention to the impact and consequences that immigration-related detention of adults may have on their children, particularly in connection with their rights to development, family life and mental health. In his view, adopting a child-rights approach, which considers the child's best interests, will require alternative policies to address the migration status of their parents, including measures that facilitate regularization, access to social rights and family unity, rather than resorting to the criminal justice system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 23
- Paragraph text
- Migrants who are detained may not always be aware of their right to request review of their detention, sometimes due to language barriers or lack of access to a lawyer. The Special Rapporteur is therefore of the opinion that periodic review of detention should be automatic. The Working Group on Arbitrary Detention has stated that there should be automatic, regular and judicial, not only administrative, review of detention in each individual case, and that review should extend to the lawfulness of detention and not merely to its reasonableness or other lower standards of review (ibid.).
- 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
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 69
- Paragraph text
- The attention of the Special Rapporteur has been also drawn to initiatives undertaken by trade unions, such as the operation of a seasonal work centre for migrant workers by the trade union confederations Confédération Française Démocratique du Travail and Force Ouvrière of France, in partnership with employers and local government representatives. The centre provides information to migrant workers on, inter alia, their rights as well as on housing and operates a building to house hotel workers during the hotel season.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 42
- Paragraph text
- Second, arid areas, such as the African Sahel and other dry regions in Central America, Africa and Asia, are vulnerable to increases in temperature and changes in precipitation patterns. In many places deserts are expanding, and regions that were barely habitable will become uninhabitable. Studies have shown that local populations have long coped with difficult environmental conditions through migratory strategies: seasonal migration to towns (African Sahel) or pastoralism (Somalia). In such circumstances, desertification triggers adaptive changes in those migratory strategies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 54
- Paragraph text
- Although there is no one international human rights treaty designed to deal specifically with environmentally induced migrants, existing human rights law provides a range of situations that respond to their needs and rights. Indeed, human rights law already provides robust protection for migrants who are moving for multiple reasons. What is required, however, is a more concerted and concrete application of those norms to the situation of climate-change-induced migrants, and specific attention to the vulnerability of migrants in this particular context.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 52
- Paragraph text
- In discharging his mandate, the Special Rapporteur has come across a number of initiatives, activities and policies implemented by Governments, intergovernmental and civil society organizations and the private sector that reflect commitment to the realization of human rights while managing irregular migration. The Special Rapporteur wishes to highlight a number of those practices, policies and programmes and, while emphasizing that the list is not exhaustive, to encourage all parties to submit to him information on other pertinent practices, policies and 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
- 2010
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 58
- Paragraph text
- The goal should fully capture the right to health, which is an inclusive right extending not only to timely and appropriate health care, but also to the underlying determinants of health, including access to healthy occupational and environmental conditions and to health-related education and information, including on sexual and reproductive health. This right should be captured in all other interrelated goals, including those pertaining to access to safe and potable water and adequate sanitation and an adequate supply of safe nutrition.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 71
- Paragraph text
- Such a goal gives the post-2015 agenda an opportunity to acknowledge and highlight the human and labour rights of migrants, which will in turn enhance their contribution to the global economy. States must hold employers accountable for ensuring that migrants are not exploited and repeal policies that create precarious working conditions for migrants, such as sponsorship systems. National law should guarantee productive employment and decent work for all, including migrants, irrespective of status and circumstances, in countries of origin and destination.
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 77b
- Paragraph text
- [A target on achieving full and productive employment and decent work for all should encompass the protection of the human and labour rights of migrants, including equal opportunity and treatment in employment, in compliance with international human rights and labour standards. Indicators should focus on:] Number of countries whose national legislation and policies provide for equality of treatment for all in respect of employment, including through the protection of the labour rights of migrants and their equal access to social security benefits, as well as to redress mechanisms;
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 77f
- Paragraph text
- [A target on achieving full and productive employment and decent work for all should encompass the protection of the human and labour rights of migrants, including equal opportunity and treatment in employment, in compliance with international human rights and labour standards. Indicators should focus on:] Disaggregated data showing the proportion of migrants who have reported cases of violation of the right to work, including forced labour, discrimination and unlawful termination of employment and the proportion of victims who received compensation.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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. 28
- Paragraph text
- Commonly, boats carrying migrants to the European Union leave from: Egypt and Libya when using central and eastern Mediterranean channels; Morocco and Tunisia when using the western Mediterranean; and Turkey when using the Aegean Sea route. Many migrants have come an extremely long way, including from sub-Saharan countries and countries in the Middle East, to make these journeys. Migrants travelling through the Sahara are subjected to horrific treatment, including rape and other forms of violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Year
- Item does not have this property
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. 29
- Paragraph text
- When migrants reach their intended country of departure, they often suffer further violations of their rights. The European Union Agency for Fundamental Rights has published reports of makeshift camps with extremely poor conditions that are run by migrants in Morocco, as well as of migrants locked in small huts by smugglers in Turkey. Smugglers typically charge several thousand United States dollars per person for boat journeys to the European Union. Families with multiple members can pay in excess of US$ 10,000 to make the trip.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 9
- Paragraph text
- Ageing populations have caused a shift in demographics that has led to labour shortages. In 2010, for the first time, more workers were retiring from the European labour market than joining it. By 2030, if trends continue, the labour shortage in Europe is likely to rise to 8.3 million workers. At the same time, many member States of the European Union have fertility rates below the rate of replacement. Similarly, by 2020, large economies such as Canada, China, the Republic of Korea and the Russian Federation will also face labour shortages.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Older persons
- Year
- 2016
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 74
- Paragraph text
- Human rights impact assessments are particularly useful when considering the human rights of migrants since they emphasize non-discrimination as a key guiding principle and shift the focus away from the aggregate outputs of trade to the impact of trade on the most vulnerable groups. In addition, human rights impact assessments strengthen accountability and empower rights holders. They may include subregional and national assessments, specific case studies and regional surveys, all of which can be critical in assessing the direct and systemic impact of trade on the rights of migrants.
- 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
- 2016
- Year
- Item does not have this property
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 45
- Paragraph text
- Opening up more regular migration channels for migrants at all skill levels would considerably reduce undocumented migration and limit the power of smuggling rings. Allowing people to look for work on the regular labour market would present opportunities for both employers and workers. Abolishing sponsorship-based temporary migrant worker programmes and providing open work visas would considerably reduce labour 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
- 2017
- Year
- Item does not have this property
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 26
- Paragraph text
- Economic research also demonstrates that migrants complement rather than compete with citizens, therefore generating greater overall productivity within the economy. In a study, the impact of the global recession was shown to decrease but not eradicate this positive phenomenon, disproving the argument that an economic downturn justifies repressive policies against migrants. Although some nationals may be displaced by migrants in small and other specific labour markets, it is better to address such marginal consequences through retraining policies rather than by trying to curb migration.
- 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
- 2017
- Year
- Item does not have this property
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 18
- Paragraph text
- In order to regulate mobility effectively, States are required to adopt a whole-of-government approach to migration, taking into account all aspects thereof, including all benefits and challenges in terms of economic growth, demographic changes, cultural diversity, social integration, human rights and respect for the rule of law. By taking a long-term strategic approach, States will be better positioned to respond to the significant imminent demographic, economic, social, political and cultural challenges.
- 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
- Persons on the move
- Year
- 2017
- Year
- Item does not have this property
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40b
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Reduce the transaction costs of migrant remittances to less than 3 per cent and the elimination of remittance corridors with costs higher than 5 per cent by 2030 (target 10.c);
- 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
- 2017
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 71
- Paragraph text
- Some of the regional consultative processes are driven by external actors, with funding coming from States of the global North, often channelled through IOM. IOM participates in most of the major regional consultative processes as a partner or observer and provides secretariat services for many of the major processes. The International Centre for Migration Policy Development also provides secretariat services for some of the processes. United Nations entities, including UNODC, UNHCR and ILO, are observers in some of the processes.
- 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.
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 26
- Paragraph text
- Migrants in detention are sometimes confined in overcrowded locations without adequate health care, food, sanitation or safe drinking water. Some are also subjected to prolonged or indefinite administrative detention, in conditions which have been denounced by the Special Rapporteur on the human rights of migrants and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Year
- 2010
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 17
- Paragraph text
- Since 2001, several attempts have been made during the Doha round to expand the classes of workers covered by the General Agreement on Trade in Services, by recognizing developing countries' comparative advantage across specific service sectors and abandoning the economic needs test, which leaves States wide discretion on which workers to admit. Even after the 2015 WTO ministerial conference in Nairobi, however, negotiations have still not resulted in solid commitments to low-wage labour.
- 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
- 2016
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 41
- Paragraph text
- Migrants frequently find access to compensation for work accidents difficult. Migrants who suffer industrial accidents are sometimes not compensated, either by their employer, recruitment agency or insurance company. They often do not have information about their rights, and how to obtain compensation. Irregular migrants face additional hurdles: they may not be entitled to compensation for work accidents, or fear detection by Government authorities by claiming compensation, or have difficulties proving the existence of a work relationship.
- 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
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 83
- Paragraph text
- The Special Rapporteur stresses the importance of States holding each other accountable for the manner in which their citizens are being treated while abroad. Beyond dispute settlement mechanisms and judicial remedies, States should consider utilizing all of the international human rights and ILO mechanisms to address concerns about the treatment of migrant workers, who would be better protected if trade agreements made explicit reference to international human rights and labour instruments.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 18
- Paragraph text
- Breaches of immigration law are considered as criminal offences by a number of countries. Such breaches include: situations of irregular entry; lack of residence authorization; overstay using an expired residence authorization or tourist visa; and unauthorized re-entry after a deportation and re-entry prohibition decision. Some countries also criminalize third party assistance to irregular or non-documented migrants, or oblige third parties to report migrants (or suspected) migrants in irregular situations, a measure that is increasingly being used to discourage migration in general and to deter irregular immigration in particular.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 41
- Paragraph text
- In the Special Rapporteur's view, criminalizing the entry and stay of asylum-seekers, as well as their methods of arrival, increases the vulnerability of asylum-seekers in host countries and feeds into the depiction of asylum-seekers as criminals, along with other so-called "illegals". Furthermore, with the increasing focus of migration management on controlling people and their movements, persons who move irregularly are more likely to be profiled than those who do not. In this regard, the Special Rapporteur is very concerned about the assumption that in practice there is some overlap between the categories of refugee and terrorist and calls upon States to support the situation of those escaping persecution and danger, taking all necessary measures to address the stereotyping of asylum-seekers and refugees and proscribing detention in the asylum-seeking determination processes.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 51
- Paragraph text
- The Special Rapporteur also wishes to draw the General Assembly's attention to the dearth of qualitative and quantitative information regarding the experiences of migrant children (both unaccompanied and with their families) within migration control measures (e.g., information about their treatment at borders and in detention centres). He also wishes to draw attention to the increase of exploitation of migrant children for economic purposes and regrets that indicators on these issues are absent in most transit and destination countries, and that monitoring mechanisms both governmental and non-governmental, are quite scarce.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 38
- Paragraph text
- The Special Rapporteur also expresses particular concern about the administrative detention of migrant children and recalls his earlier pronouncements that the detention of migrant children should be a last resort. He notes with concern that children suffering from serious medical conditions as well as children with disabilities were routinely kept in detention despite guidelines stating clearly they should not be. The health concerns for migrant children in detention are further exacerbated by the provision of inadequate medical services and treatment. Further, there is a failure to properly diagnose the mental health of children as well as inadequate access to counselling and other assistance.
- 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
- Persons with disabilities
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 23
- Paragraph text
- A number of reports indicate that migrants may be more vulnerable to poor health by virtue of their often low socio-economic status, the process of migration and their vulnerability as non-nationals in the new country. While studies in several countries that belong to the Organization for Economic Cooperation and Development have found that migrants generally may be of good health or initially gain benefits in improved health conditions from migration, such benefits diminish over time, partly due to the exposure to the adverse working, housing and environmental conditions that often characterize low-income groups in industrial countries. Many migrants are often employed in the three "D" jobs (dirty, difficult and dangerous) in mostly informal and/or unregulated sectors with little respect for labour and other protection. Typically, such work is of intensive and temporary or seasonal nature, with significantly higher occupational hazards.
- 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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 33
- Paragraph text
- From a due-process-of-law perspective, migrant profiling is highly detrimental as the very use of profiling defeats the presumption of innocence. The use of ethnic profiling, wittingly or not, contributes to a growing sense of marginalization of minority and immigrant communities, labelling entire racial, ethnic or religious groups as more likely to commit crimes and thereby signalling to the broader society that all members of that group constitute a threat. This is conducive to the creation of an environment of mistrust, ethnic or racial hatred, racism, racial discrimination, xenophobia and related intolerance, which, in some instances, contributes to the alienation or segregation of entire migrant communities.
- 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
- Persons on the move
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 37
- Paragraph text
- The Special Rapporteur is also concerned about the disproportionate use of force by security forces at borders, which, according to information received, has led to shootings and deaths of migrants, asylum-seekers and refugees. In this regard, the Special Rapporteur wishes to recall that international law and human rights standards demand that the use of force by law enforcement officials must be proportionate to the actual threat faced, and wishes to discuss, in the present report, the impact of the criminalization of irregular migration on asylum-seekers, victims of trafficking and children.
- 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
- 2010
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 39
- Paragraph text
- The Special Rapporteur is especially concerned at the consequences for asylum-seekers of criminalizing third parties who are deemed to have facilitated irregular entry. The imposition of criminal penalties on carriers who transport asylum-seekers fails to recognize that individuals seeking protection in other countries are often forced to use false documents or resort to smugglers in order to leave their country. Many are unable to obtain proper documentation and permission before fleeing, often because they fear persecution from the same authorities that should issue their travel documents. False or forged documents are used in order to allow them to enter a country where they can seek protection.
- 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
- Year
- Item does not have this property
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. 72a
- Paragraph text
- [The first concern for migrants is not the exact content of citizenship, but how they can obtain it, in order to achieve a legal status formally equal to that of other citizens. Access to citizenship varies in different countries, depending on the prevailing concept of nationhood. The Special Rapporteur recalls different types of models which define citizenship:] The imperial model. In this model, the definition of belonging to the nation is defined as being a subject of the same power or ruler. This model allowed the integration of the various peoples of multi-ethnic empires (British, Austro-Hungarian, Ottoman, etc.), and remained formally in operation in the United Kingdom until the Nationality Act of 1981, which created a modern type of citizenship for the first time. The concept almost always has an ideological character, in that it helps to obscure the actual dominance of a particular ethnic group or nationality over the other subject peoples;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
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. 72c
- Paragraph text
- [The first concern for migrants is not the exact content of citizenship, but how they can obtain it, in order to achieve a legal status formally equal to that of other citizens. Access to citizenship varies in different countries, depending on the prevailing concept of nationhood. The Special Rapporteur recalls different types of models which define citizenship:] The republican model. The definition of the nation is that of a political community, on the grounds of a constitution, laws and citizenship, with the possibility of admitting newcomers to the community. This approach dates back to the French and American revolutions. France is the most obvious current example.
- 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
- 2011
- Year
- Item does not have this property
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. 72d
- Paragraph text
- [The first concern for migrants is not the exact content of citizenship, but how they can obtain it, in order to achieve a legal status formally equal to that of other citizens. Access to citizenship varies in different countries, depending on the prevailing concept of nationhood. The Special Rapporteur recalls different types of models which define citizenship:] The multicultural model. Here the nation is also defined as a political community, based on a constitution, laws and citizenship that can admit newcomers. However, in this model newcomers can maintain their distinctive cultures and form ethnic communities, providing they conform to the basic national laws. This pluralist or multicultural approach became dominant in the 1970s and 1980s in Australia, Canada and Sweden, and was also influential in other West European countries. However, starting in the 1990s, there was a move away from multiculturalism as a policy in many countries which had adopted this model.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
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. 73
- Paragraph text
- All those models have one factor in common: the premise that citizens belong to just one nation State. Migrant settlement is seen as a process of transferring primary loyalty from the State of origin to the new State of residence. This process is symbolically marked by naturalization and acquisition of citizenship of the new State. Nevertheless, these models can no longer apply to growing migration trends. Moreover, the distinction between citizens and non-citizens is becoming less clear-cut. Migrants who have been legally resident in a country for many years can often obtain a "hybrid" status, tantamount to "quasi-citizenship". This may confer such rights as secure residence status; right to work, seek employment and run a business; entitlement to social security benefits and health services; access to education and training; and limited political rights such as the right of association and assembly. Such arrangements create a new legal status, which is more than that of a foreigner, but less than that of a citizen.
- 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
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
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. 74
- Paragraph text
- It is in the European Union (EU), that this example of a new type of citizenship is gaining strength. Under the Maastricht Treaty which established the European Union in 1992, citizens of EU member States became eligible to vote or to be elected to office in European and municipal elections if they reside anywhere within the European space. The 1997 Amsterdam Treaty established citizenship in the EU, which embraced the following rights: freedom of movement and residence in the territory of member States; the right to vote and to stand for office in local elections and European Parliament elections in the State of residence; and the right to petition to the European Parliament and to appeal to an ombudsman. However, EU citizens living in another member State do not have the right to vote in elections for the national parliament of their State of residence. Persons dependent on social security and welfare do not have the right to settle in another member country; and access to public employment is still generally restricted to nationals. Europe is still divided between the States in the "Schengen zone" and the newly admitted EU States. So far, EU citizenship has done little for the majority of migrants who originate outside the union. Since 1992, there has been a growing movement in support of granting third-country nationals voting rights within member States of the EU and at the level of EU institutions. The European Parliament has, several times, voted in favour of extending European citizenship to all persons who have resided in a stable manner and for a long period within a member State. A 2001 European Parliament resolution called for the enfranchisement of all non-EU residents who had resided legally within an EU member State for three years. However, opposition within the European Council, which represents the interests of member States in the complex EU governance procedures, has thwarted such initiatives. As well, some EU member States hold that the granting of voting rights to third-country nationals would devalue the importance of naturalization.
- 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
- 2011
- Year
- Item does not have this property
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. 28
- Paragraph text
- The term "children left behind" refers to children raised in their home countries or in their countries of habitual residence who have been left behind by adult migrants responsible for them. The impact of migration on children left behind was difficult to measure. Many factors played a role in assessing how migration may affect the rights of children left behind. The inclusion of measures to promote family unity and facilitate the reunion of children with their parents in host countries was also necessary to address adequately the special needs and protection of children left behind. Many parents and other family members initially migrated without children, but subsequently planned to bring them to a host country.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 87
- Paragraph text
- The Special Rapporteur notes that a striking feature of the contemporary debate on climate-change-induced migration is the absence of a voice from the climate-change-induced migrants themselves. In part, this comes from the lack of self-awareness: climate-change-induced migrants rarely consider themselves as such (and many of them have simply never heard about the notion). In part, this also comes from the general reluctance of migrants (especially if they are irregular or vulnerable migrants) to voice their concerns or to denounce the human rights violations that they suffer. It is highly desirable that States actively support the development and sustainability of organizations representing migrants and giving them a voice, including providing training and capacity-building at the local level. Only through such representation can the processes designed to elaborate policy options aimed at coping with climate-change-induced migration be inclusive and participatory, in that they involve affected populations as directly and as early as possible.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 88
- Paragraph text
- While, in the climate change context, migration is generally considered as a failure of adaptation, it is often forgotten that migration may in fact be an important adaptation strategy. In this context, the Special Rapporteur wishes to emphasize that migration should be considered both a challenge and a solution to climate-change-induced displacement. Indeed, migration has been a traditional coping mechanism, widely used by populations around the world since time immemorial to adapt to changing environments. If properly managed, migration can therefore also be a solution to cope with climate change.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 89
- Paragraph text
- Examples abound in which migration has provided benefits to both countries of origin and countries of destination. Appropriate programmes of permanent or circular migration may enhance a community's resilience through diminishing pressure on local environmental resources and fostering development through remittances. This has traditionally been the case of agricultural workers. One has witnessed "reverse migration" movements, where the migrants of the previous generation return to the country of origin in order to create businesses, or training centres, in their field of acquired expertise. Despite potential contrarian effects, remittances may play another important role in the economy of many countries of origin: valued at more than three times the total amount of official development aid ($351 million in 2011), they can assist households to survive in the country of origin during difficult times, thus limiting migratory pressure by allowing economic opportunities to be created at home. Therefore, some degree of planned and proactive migration of individuals or groups may ultimately allow households and populations to remain in situ for longer.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 77
- Paragraph text
- Regional cooperation on climate-change-induced migration will be essential. With the support and assistance of international organizations and international financial institutions, and as part of a coherent and negotiated regional sustainable adaptation strategy, bilateral and multilateral agreements should facilitate specific regional climate-change-induced migration movements, in order to relieve the pressure on the States of origin and provide for orderly movements into States of destination. Such agreements should provide for the guarantee of the dignity and human rights of migrants, as provided for in international law, and include the active participation of local civil society organizations and international NGOs.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 59
- Paragraph text
- Beyond the general norms of international human rights law, the Special Rapporteur observes that some of the definitional complexities around climate-change-induced migration are telling of the limitations of the current paradigm in which migration is largely framed within the context of international law. Political discourse has traditionally juxtaposed categories of the voluntary economic migrant - who is generally understood to be willingly migrating for economic reasons in search of a better life and whose migration is generally governed by the traditional rules based on territorial sovereignty - and asylum seekers and refugees - who are persons forced to migrate, fleeing persecution and deserving of international protection, including specific guarantees considered as exceptions to the "normal" regime governed by territorial sovereignty.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 21
- Paragraph text
- The Special Rapporteur has received information indicating that long-term administrative detention of migrants, sometimes over a year, is frequent. He wishes to emphasize that the duration of administrative detention of a migrant should be as short as possible, and the decision to keep the person detained must be reviewed periodically. The Human Rights Committee has stated in communication No. 560/1993 that "every decision to keep a person in detention should be open to review periodically so that the grounds justifying the detention can be assessed. In any event, detention should not continue beyond the period for which the State can provide appropriate justification. For example, the fact of illegal entry may indicate a need for investigation and there may be other factors particular to the individuals, such as the likelihood of absconding and lack of cooperation, which may justify detention for a period. Without such factors, detention may be considered arbitrary, even if entry was illegal."
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 22
- Paragraph text
- The Special Rapporteur would like to stress that under no circumstances should administrative detention of migrants be indefinite. The Working Group on Arbitrary Detention stated in its deliberation No. 5 that a maximum period of detention should be set by law, and the custody may in no case be unlimited or of excessive length. The Working Group considers as arbitrary deprivation of liberty "when asylum seekers, immigrants or refugees are subjected to prolonged administrative custody without possibility of administrative or judicial review or remedy" (A/HRC/16/47, annex, para. 8 (d)). The Working Group has also stated that upon expiry of the maximum period of detention established by law, the detainee must be automatically released (A/HRC/13/30, para. 61).
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 61
- Paragraph text
- One category of climate-change-induced migrants may be easier to position within the framework of refugee law - those for whom the direct impact of climate change triggers persecution and conflict, for example, as a result of tensions over resources, which exacerbate discrimination and human rights violations. Indeed, the security dimension of climate change has attracted increasing international attention during past years, and there is developing research that environmental disturbances may increase flows of refugees fleeing persecution. Such circumstances may allow for the application of international refugee law, as set out by the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 12
- Paragraph text
- Unlike the Covenant, the European Convention on Human Rights provides an exhaustive list of the situations in which detention may be permitted. Article 5, paragraph 1 (f), states that detention of migrants is only permitted in two specific situations: "the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition". In the case Vasileva v. Denmark, the European Court of Human Rights noted that the list of exceptions to the right to liberty secured in article 5, paragraph 1, "is an exhaustive one and only a narrow interpretation of those exceptions is consistent with the aim of that provision, namely to ensure that no one is arbitrarily deprived of his liberty".
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 13
- Paragraph text
- The Special Rapporteur notes with concern that irregular entry and stay is considered a criminal offence in some countries. He wishes to stress that irregular entry or stay should never be considered criminal offences: they are not per se crimes against persons, property or national security. It is important to emphasize that irregular migrants are not criminals per se and should not be treated as such. The Working Group on Arbitrary Detention has held that "criminalizing illegal entry into a country exceeds the legitimate interest of States to control and regulate irregular immigration and leads to unnecessary detention" (A/HRC/7/4, para. 53).
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 64
- Paragraph text
- Home curfew/house arrest is a particularly intrusive measure and may amount to an alternative form of detention rather than an alternative to detention. House arrest should therefore only be applied in exceptional cases. House arrest may make it difficult, if not impossible, for the migrant to work and thus maintain an adequate standard of living, unless he or she receives State support. In its deliberation No. 1, the Working Group on Arbitrary Detention stated that house arrest may be compared to deprivation of liberty provided that it is carried out in closed premises which the person is not allowed to leave.
- 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
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 65
- Paragraph text
- Voluntary return programmes may be used as a mechanism to support and facilitate the departure of individuals who have no grounds to remain in the country and who have no protection or humanitarian concerns. Voluntary return programmes can be a solution for migrants who wish to return home but lack the means to do so. It can be a humane alternative to detention and deportation and, in certain circumstances, can allow a prepared, dignified and sustainable return and reintegration. However, care must be taken to ensure that the decision to return is fully voluntary and a result of a genuine, informed choice, particularly if the migrant is in a situation of closed detention when offered the option of an assisted voluntary return programme and that preparations have been made to ensure that his or her return is sustainable for the long term.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 12
- Paragraph text
- In 1990, the General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Following its entry into force in 2003, a Committee to monitor its implementation by States was established.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 13
- Paragraph text
- In 1994, the International Conference on Population and Development, held in Cairo, included a chapter on international migration in its Programme of 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
- 2013
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 14
- Paragraph text
- In 1999, the Commission on Human Rights created the mandate of the Special Rapporteur 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 33
- Paragraph text
- In addition, the non-binding Multilateral Framework on Labour Migration, adopted in 2005, provides guidance, inter alia, on the human rights of all migrant workers, regardless of their status, and on the regulation of recruitment agencies.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 36
- Paragraph text
- There is no migration organization within the United Nations, and no coherent institutional framework governing migration exists.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 54
- Paragraph text
- The consolidated assessment paper acknowledged that interaction with civil society stakeholders had greatly enriched the Global Forum process and recommended that interaction with civil society be improved. During each Global Forum meeting, "civil society days" precede the official government programme. Civil society organizations are excluded from most of the Global Forum meetings, except the "common space", which has been organized during the first morning of the meetings since 2010. Civil society organizations working on different issues relating to migration and development, such as remittances and the role of diasporas, participate in the civil society programme. However, human rights non-governmental organizations, unfortunately, are often not involved. The Special Rapporteur thus urges civil society organizations to have a more explicit human rights framing to their advocacy and activities at the Global Forum.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 56
- Paragraph text
- While stating that consultations with international organizations, including those that are part of the Global Migration Group, have greatly benefited the Global Forum process, in particular through the provision of thematic expertise, the consolidated assessment paper concluded that the Global Migration Group, other international organizations and regional entities should not interfere with Global Forum structures and processes. Furthermore, it stated that interventions by international organizations should be limited and the agenda should be set by States and not international organizations or experts. The Special Rapporteur acknowledges that as the Global Forum is a States-led forum, it is appropriate that the agenda be set by States. However, by excluding the Global Migration Group and other organizations from the Global Forum processes, valuable expertise in terms of human rights and normative frameworks, which could greatly benefit the discussions at the Global Forum, is thus not taken into account.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 59
- Paragraph text
- As set out in its strategy document, the primary goal of IOM is to facilitate the orderly and humane management of international migration. IOM provides services as requested by States, inter alia, in relation to the assisted voluntary return of migrants. Assisted voluntary return programmes have been criticized for not being genuinely voluntary, particularly when offered to migrants kept in detention centres. The Special Rapporteur stresses the importance of ensuring that they are undertaken with full respect for the human rights of migrants. Furthermore, IOM involvement in the construction and operation of detention centres for migrants is of great concern to the Special Rapporteur, who has already made his views clear on the utility of migration detention (see 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
- 2013
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 35
- Paragraph text
- Privately run migrant detention centres pose particular difficulties in terms of monitoring. They may also pose particular concern if the contracts for managing detention centres are awarded to the company that offers the lowest cost, without giving sufficient attention to the obligation to treat those detained with humanity and with respect for their dignity. The Guiding Principles on Business and Human Rights (A/HRC/17/31, annex) provide that States do not relinquish their international human rights law obligations when they privatize the delivery of services that may impact upon the enjoyment of human rights and the Human Rights Committee has stated in its communication No. 1020/2001 that "the contracting out to the private commercial sector of core State activities which involve the use of force and the detention of persons does not absolve a State party of its obligations under the Covenant" (para. 7.2).
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 36
- Paragraph text
- Women migrants who are detained are vulnerable to sexual violence, which may be committed by male detainees or guards. They should therefore be separated from men and be guarded by female warders. Pregnant women who are detained have particular needs. Article 12, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women and the Committee's general recommendation No. 26 (2008) on women migrant workers require States parties to ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period. The UNHCR Revised Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers (hereinafter, the UNHCR guidelines) affirm that as a general rule, the detention of pregnant women in their final months and nursing mothers should be avoided.
- 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
- Women
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 82
- Paragraph text
- While an efficient, well-trained and human rights- and gender-sensitive immigration enforcement corps is an important component of State authority, "firewalls" between public services (health care, education, housing, labour inspection, local police) and immigration enforcement (whereby the former would be instructed not to request immigration status information unless essential and the latter would not have access to the information collected by the former relating to immigration status) should be implemented in order to allow migrants to access rights without fear of being arrested, detained or deported. The concept of a "firewall" is not only in line with a human rights framework but also in the interest of States, from the point of view of, inter alia, public health and fighting crime.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 49
- Paragraph text
- At the High-level Dialogue on International Migration and Development held in 2006, the Secretary-General proposed the creation of a global forum as a venue for discussing issues related to international migration and development in a systematic and comprehensive way (see A/61/515). Subsequently, the Global Forum on Migration and Development was created by States outside the United Nations framework. The Global Forum has met annually since 2007 and is seen as the most visible and high-profile forum for multilateral dialogue on migration. It is linked to the Secretary-General through his Special Representative on International Migration and Development. The interaction of United Nations agencies and entities with the Global Forum has been more sporadic, and the extent of their involvement has been largely dependent on the willingness of the Chair-in-Office to allow their participation. The Special Rapporteur notes that the involvement of some Global Migration Group agencies has been encouraged more than others, and the Global Forum has tended to seek assistance from IOM. Furthermore, he observes the importance of including a stronger focus on human rights and a human rights framework within the mandate of the Special Representative of the Secretary-General.
- 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 32
- Paragraph text
- All international labour standards of the International Labour Organization (ILO) apply to migrant workers unless otherwise stated. They include the eight ILO fundamental rights conventions; the specific instruments concerned with the protection of migrant workers and the governance of labour migration, namely the Convention concerning Migration for Employment (Revised 1949) (Convention No. 97) and the Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Convention No. 143) of 1975, as well as other instruments that contain specific provisions on migrant workers, such as the Convention concerning Private Employment Agencies (Convention No. 181) of 1997 and the Domestic Workers Convention (Convention No. 189) of 2011.
- 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
- 2013
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 119
- Paragraph text
- Furthermore, the work of the Global Migration Group should be further streamlined and its human rights framework strengthened. The mandate of OHCHR and its operational expertise on migration and human rights in this respect is crucial.
- 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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 16
- Paragraph text
- The stricter approach to border control has also been accompanied by more stringent entry requirements to the Schengen Area. Prior to Schengen, relatively flexible entry requirements or specific guest worker programmes enabled unskilled migrants to travel to European Union Member States, to seek out opportunities and then adjust their administrative status accordingly. Presently, however, the possibilities for such opportunities remain quite limited as the Schengen system requires most non-European Union unskilled migrants, particularly from countries of the Global South, to obtain a visa in order to enter the European Union to look for work. This has created a reality whereby migrants from non-European Union countries, and in particular those from developing countries without visa facilitation programmes with the European Union, are increasingly unable to regularly enter the European Union to look for work in person.
- 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
- 2013
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 38
- Paragraph text
- Another concern of the Special Rapporteur is the lack of an available independent oversight mechanism that can easily be applied in order to ensure full compliance with international human rights law by all programmes and institutions in the field of migration. For example, although GAMM cites human rights as a cross-cutting concern, it does not establish any enforcement mechanism that would enable an evaluation of practices that might infringe human rights. FRA of course plays an important role in providing expert advice to the European Union by collecting data, undertaking research and issuing opinions from a human rights perspective. And although the European Court of Justice may now be able to strike down policies that do not meet minimum human rights standards, this is a slow and lengthy process. In the meantime, there is no oversight or systematic evaluation as to how the policies are implemented by individual European Union entities, or national authorities who are charged with implementing European Union 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
- 2013
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 102
- Paragraph text
- Proposals have been made to establish a new United Nations organization with a specific mandate on international migration. Owing to the significant resources which would be required, this is not very likely to be accepted by States in the near future.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 111
- Paragraph text
- Bringing IOM inside the United Nations could also lead to a more positive role taken by IOM, including holding the organization accountable for any human rights violations in which it may be involved in relation to, inter alia, the detention and return 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
- Year
- Item does not have this property
Paragraph
Global migration governance 2013, para. 112
- Paragraph text
- However, in order to include IOM in the United Nations, its mandate would need to be considerably revised, with a solid basis in the international human rights framework, and its entire staff, including in all field presences, would need to be properly trained in this regard. IOM would need to be given a legal protection mandate and guided by the core international human treaties, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the principles enshrined in the Charter of the United Nations would need to be integrated into its Constitution. It would also be important for IOM to gain the membership of key countries which are currently observer 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
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 28
- Paragraph text
- Development targets that pay no attention to which groups are being left behind can be met without having any real impact on ensuring a more equal and just world. The focus should not be on simply reducing the cost and increasing the flow of remittances, but rather on the human cost of migration. In many countries, the most marginalized and exploited migrants are those who are in an irregular situation, have a precarious labour contract, are low-skilled, are children or adolescents, are women, in particular in domestic work, or are working in the construction, hospitality, extraction, fishing and agricultural sectors. Such migrants experience multiple forms of discrimination, on the basis of nationality, legal status, sector of work, sex, age and ethnic, linguistic or religious identity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Women
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 29
- Paragraph text
- National development plans must acknowledge the positive role that migration plays in development and spur migration policies that go beyond implementing security controls and curbing irregular migration. National plans must recognize the development potential of migration and build coherent labour migration and employment policies that match supply and demand for highly skilled and low skilled workers. In particular, the plans must acknowledge the real needs for low-skilled labour and broaden opportunities for temporary and permanent migration for such workers, in addition to implementing sanctions against employers who exploit migrants, irrespective of their status and circumstances.
- 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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 71
- Paragraph text
- The Special Rapporteur thus notes that the operation of the Dublin system may, in fact, exacerbate the challenges for border States in managing an already overloaded asylum system, both in terms of reception conditions and the asylum procedure itself. And although article 80 of the Treaty on the Functioning of the European Union provides for responsibility-sharing amongst European Union member States, the system devised under Dublin does not appear to be in line with such a principle. To the contrary, obliging the country which is the first point of entry to be responsible for processing most asylum claims is not sustainable for the countries at the external borders of the European Union, and this may contribute to the difficult access to the asylum system, as the Special Rapporteur observed in Greece. While noting that the recast Dublin regulation will lead to some improvements, including the establishment of an early warning mechanism, the Special Rapporteur points out that it does not remedy the underlying structural problems in the Dublin system.
- 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
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 72
- Paragraph text
- Another overarching problem is the lack of institutionalized family reunification for irregular migrants, beneficiaries of subsidiary protection, asylum seekers, and, in particular, unaccompanied migrant children. While it is true that the Dublin Regulation provides that unaccompanied minors are to be sent to a member State where a parent or guardian is present, this is often not carried out in practice due to lack of capacity and coordination. Unaccompanied children, whatever their administrative status, should always be sent to countries where they have some family ties, when this is in their best interests. The Special Rapporteur hopes that the new Common European Asylum System (CEAS) will assist in remedying these issues.
- 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
- 2013
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 35
- Paragraph text
- The Special Rapporteur regrets this terminology, and laments the linking of irregular migration with crime and security concerns. Using incorrect terminology that negatively depicts individuals as "illegal" contributes to the negative discourses on migration, and further reinforces negative stereotypes of irregular migrants as criminals. Moreover, such language legitimates the discourse of criminalization of migration, which in turn, contributes to the further alienation, discrimination and marginalization of irregular migrants, and may even encourage verbal and physical violence against them. This is further exacerbated by European Union legislation such as the Facilitation Directive, which, although not explicitly criminalizing irregular migration, may discourage the provision of assistance to irregular migrants, due to potential criminal sanctions.
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 56
- Paragraph text
- It is widely accepted that a healthy life is key to sustainable development. In the outcome document of the United Nations Conference on Sustainable Development, it is stated that health is a precondition for and an outcome and indicator of all three dimensions of sustainable development. The participants called for the full realization of the right to the enjoyment of the highest attainable standard of physical and mental health and for all workers to be provided with the necessary social and health protections. Research shows that migrants are able to improve the health standards of their families and that those involved in temporary migration are able to share health-improving practices with their families and local communities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 37
- Paragraph text
- The focus remains on control and surveillance of the European Union's external borders. Activities around migration management, as he observed, were predominately focused on the identification, development and financing of measures which focus on the security aspects of irregular migration, including formalizing cooperation agreements on "illegal" immigration, improving external border controls through logistical and technological means, capacity-building in third countries towards stopping irregular migration (such as the Memorandum of Understanding between Frontex and Turkey), and the criminalization of migration through both legislative acts and practical programmes, including the promotion of detention of irregular migrants both within and beyond the European Union territory, and the funding of detention centres both in European Union countries and transit countries.
- 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
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96n
- Paragraph text
- [Indicators for such a target should include:] Increased regulation and monitoring of the recruitment industry;
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 85f
- Paragraph text
- [Relevant targets should focus on:] Ensuring the physical accessibility of the justice system, for example for persons with disabilities or in rural areas;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 100
- Paragraph text
- For meaningful national plans, policies and programmes to be developed and implemented, States must focus on collecting and assessing data on the human rights situation of migrants. States can collect data from sources such as censuses, population surveys, labour force and household surveys, administrative records, public services, the justice system, national human rights institutions, trade unions and civil society organizations. The participation of hard-to-count migrant populations, such as short-term, circular, irregular and child migrants, trafficked persons, refugees and asylum seekers, in the design of surveys and other data collection instruments and in the dissemination and analysis of data will improve the relevance and quality of data. Migration governance institutions should also be able to ensure that the data, including the identities of those who participated in the production thereof, are protected and kept confidential.
- 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
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 31
- Paragraph text
- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, requires States parties to prevent and criminalize trafficking, and to protect victims. The definition of trafficking includes the recruitment, transportation or receipt of persons by means of the threat or use of force or other forms of coercion, fraud or deception, to achieve the consent of a person having control over another person, for the purpose of exploitation, including forced labour, slavery or servitude.
- 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
- Children
- Women
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 55
- Paragraph text
- A high proportion of child labourers in agriculture, domestic and different types of informal work, as well as in commercial sexual exploitation, are migrants. Frequent restrictions in access to educational services often leave migrant children with no choice but to work. Child labour in the informal economy includes petty trading, begging, portering, etc. Protection against exploitation is frequently lacking due to insufficient regulation and monitoring, as activities in the informal economy are not always categorized as work. During one of his country visits, the Special Rapporteur was informed of seasonal movements of children to neighbouring countries for begging and other forms of forced labour. He heard about children as young as seven leaving their country on short-term migration to beg, collect cans and pick tomatoes, and perform other types of agricultural work abroad. Migrant children who are domestic workers are at particular risk of abuse due to their young age and isolation from their families, and dependence on their employers. Migrant children who work as domestic workers or who live and work in factories and sweatshops are sometimes confined to the premises of the employer where they face further physical, psychological and sexual abuse.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 34
- Paragraph text
- One case brought to the Special Rapporteur's attention concerned alleged arbitrary arrest and detention, and lack of access to food, water and adequate housing in the context of a natural disaster. In this situation, migrants were reportedly excluded from the distribution of food and other essential items, and denied access to emergency shelters, which were open to citizens only. Another case brought to the Special Rapporteur's attention concerned a migrant who was subjected to a mandatory medical test that revealed an old tuberculosis scar in his lung. He was subsequently deported, with no right to appeal the decision, despite the fact that he did not have an active tuberculosis infection.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 43
- Paragraph text
- Many migrants live in housing which lacks basic infrastructure and services including sanitation, electricity, potable water and adequate health-care services. The Special Rapporteur has seen shocking living conditions of migrant workers he encountered. The migrants, some with irregular migration status, lived in abhorrent conditions, in overcrowded houses, without proper sanitation. The Special Rapporteur learned that the wages received were often not sufficient to maintain an adequate standard of living. Some migrants are promised housing by their employers, but find out upon arrival that no housing accommodation has been made available.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96k
- Paragraph text
- [Indicators for such a target should include:] Adoption and implementation of regional free movement agreements and/or labour mobility schemes;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 45
- Paragraph text
- The right to organize and engage in collective bargaining is essential for migrants to express their needs and defend their rights, in particular through trade unions and labour organizations. However, some countries reserve the right to form and join associations and trade unions for their own nationals. The Special Rapporteur believes this is sometimes linked to the authorities' fear of migrants becoming more powerful and demanding their rights. In some countries, irregular migrants are prohibited from joining trade unions. The Special Rapporteur has been made aware of a case of denying legal status to a migrant trade union, due to the fact that its membership included irregular migrants. He has also been made aware of migrant trade union leaders who have been arrested and deported, or denied entry to a country despite having valid travel documents.
- 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
- 2014
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 64
- Paragraph text
- The regional consultative processes are an example of regional and international cooperation that should be used to further protect the human rights of migrants, as shown by the Colombo Process, which has been advocating a standardized labour contract. These regional forums bring together representatives of States, international organizations and, in some cases, non-governmental organizations for informal and non-binding dialogue and information exchange on migration-related issues of common interest and concern. There has recently been work to extend dialogue between different consultative processes to facilitate more cooperation between countries of origin and destination.
- 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
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 61
- Paragraph text
- Migrant domestic workers, in particular, are frequently very isolated. Those who never leave their employers' households often cannot communicate with others. When they can, they often do not know how to complain, or who to complain to, and they may fear reprisals, including false accusations of theft, losing their job, indefinite detention and being left on the streets. Reprisals are often a problem when trying to reveal cases of labour exploitation of migrants. As an example, the Special Rapporteur has received information concerning criminal charges of broadcasting false statements against a human rights defender who did research for a report which detailed serious human rights violations by a company with regard to working conditions and labour rights of migrants employed by that company.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 30
- Paragraph text
- Migrant workers in already precarious situations can find themselves further socially isolated and vulnerable because of racism and xenophobia towards them in destination countries. Migrant workers commonly make huge sacrifices to seek work abroad and bring benefits to countries of both origin and destination. In destination countries, migrants meet the demand for cheap labour in sectors that often cannot attract nationals for the same pay and conditions, increase demand for goods and services, and pay taxes. However, these benefits are rarely acknowledged within public discourses about migrant workers that conceptualize migrants as short-term workers and often legitimize racist and xenophobic attitudes from employers and citizens. These attitudes can lead to incidences of racism and xenophobia towards migrant workers, in both the workplace and broader society within countries of destination.
- 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
- Year
- Item does not have this property
Paragraph
Labour exploitation of migrants 2014, para. 65
- Paragraph text
- Employers who violate the human rights of migrants rarely face consequences. The Special Rapporteur has met with numerous migrants, particularly irregular migrants working in informal sectors, who were being exploited by unscrupulous employers. Said employers appeared to enjoy total impunity. Fighting labour exploitation of migrants by sanctioning exploitative employers often seems to be a yet-unfulfilled State obligation, although it would contribute greatly in reducing the pull factor of irregular migration and thereby diminish the power of exploitative smugglers over migrants, by reducing the attractiveness of irregular employment and thus reduce the size of the underground labour markets that are a key pull factor of irregular migration. The EU's Employers Sanctions Directive is a promising initiative in this respect, intended to facilitate access to justice by victims of abusive or exploitative labour conditions, including irregular migrants, but it has yet to be effectively and extensively implemented.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 52
- Paragraph text
- As legislators and regulators, Governments have a key role to play in the effective banning of all recruitment fees among migrant workers. They should ban fees in law and ensure that effective monitoring and regulation processes are in place to effectively implement the policy of "no recruitment fees". Nepal's zero-cost migration policy is an example of a Government taking a stand against current recruitment practices. From summer 2015, they will no longer approve migrant workers working in countries where employers will not pay their visa and airfare fees. The Ministry of Labour and Employment recently asked Nepal's embassies in Malaysia and six Gulf countries (Saudi Arabia, Qatar, Kuwait, United Arab Emirates, Bahrain and Oman) to stop attesting applications submitted by employment companies demanding Nepali migrant workers unless they were willing to pay their ticket and visa fees.
- 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
- Year
- Item does not have this property
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 53
- Paragraph text
- Additionally, businesses can support a transition to a total ban on recruitment fees. Increased media coverage of supply chain issues and labour market abuses, pressure from trade unions, and activism within civil society now join to make companies more aware of the reputational and legal risks associated with exploitative labour practices. Institutional investors are also increasingly using a range of ethical practices including labour supply, when screening company risk with a view to both reputational and operational efficiency. There are a number of actions that businesses can take to mitigate these risks and support wholesale transition to an ethical system, including conducting thorough audits of their supply chains to ensure that their contractors and subcontractors do not work with recruiters who charge migrant workers fees. This should include a commitment to ensuring no recruitment fees are paid by migrant workers within high-level policy commitments, refunding any fees paid by migrants, and collaborating with other business stakeholders to mobilize resources to protect workers.
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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. 9
- Paragraph text
- Despite some positive developments, the human rights issues raised in the Special Rapporteur's 2013 report persist. The continued ineffectiveness and paradoxes of European Union border management policies and the lack of a coherent, human rights-based approach to migration have been vividly and visibly demonstrated by the deaths of migrants in the Mediterranean Sea. These tragic events have propelled the issue of the human rights of migrants who use sea-based migratory routes into the spotlight. Suffering that is less frequently discussed is also being seen at all stages of migration, including within the European Union.
- 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
- Year
- Item does not have this property
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. 10
- Paragraph text
- Given the European Union's share of global resources and wealth of substantive normative standards, recent deaths at sea and other human rights issues have to be seen as the result of collective political will and policy choices. The suffering of so many and the tendency of migration to take place clandestinely is a symptom of systemic failings within the European Union border management system and a clear sign that the region is losing control of migration despite sustained investment in securing borders. These failings also cut deeper and speak to how the European Union responds to difference and diversity.
- 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
- Year
- Item does not have this property
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. 14
- Paragraph text
- The direct secondary effects of this approach can be seen in irregular migration trends. While regular migration to the European Union is decreasing, a clear trend since the 2013 report is an increase in irregular migration and asylum claims. The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) reported that, in the fourth quarter of 2014, irregular migration was at the highest level (100,000 irregular crossings) since 2007, when data started to be shared within the context of the FRONTEX Risk Analysis Network (FRAN).
- 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
- Year
- Item does not have this property
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. 30
- Paragraph text
- The boat trips themselves are perilous, involving very basic vessels that have limited navigation systems, are not seaworthy and often have insufficient amounts of food, water, fuel, first aid kits and life jackets. Boats are usually extremely overcrowded and sometimes contain more than double the recommended capacity. Once migrants have paid for the journeys, they are often forced to go ahead with their plans despite sometimes having second thoughts when seeing the vessels. Migrants have reported incidents of boats not having captains, with inexperienced migrants being required to navigate, as smugglers do not want to risk being caught by the authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Year
- Item does not have this property
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. 32
- Paragraph text
- The search and rescue services provided unilaterally by Italy and FRONTEX are a response to these alarming trends (see appendix). In a report to the Special Rapporteur, the European Commission said that Operation Mare Nostrum had rescued over 160,000 persons at sea in 2014 and that Operation Triton was estimated to have rescued approximately 22,300 people between November 2014 and early 2015. In addition, some private and military vessels have saved migrants' lives. However, as underlined by the International Maritime Organization, the support provided to search and rescue operations by merchant vessels should remain exceptional, and States should shoulder the main responsibility for such operations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 31
- Paragraph text
- The view and labelling of migrants among many stakeholders as "illegal" is counterproductive and is not supported by international law. While migrants who arrive in countries of destination without documents may be in an "irregular situation" or "undocumented" or "unauthorized", they have not committed a criminal act. A human being cannot be intrinsically illegal, and naming anyone as such dehumanizes that person. The conceptualization of irregular migrants as "illegal" has undoubtedly played into the criminalization of migrants and thus to the practice of immigration detention. It has also had an impact on the general public's perception of migrants, legitimizing policies that are not in line with human rights guarantees and contributing to xenophobia, discrimination and violence.
- 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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 32
- Paragraph text
- The common conception that migrants are "job stealers" is also a harmful stereotype. Economic research demonstrates how migrants complement rather than compete with citizens, generating greater overall productivity within the economy. A study undertaken over a period of 14 years into the effects of non-European Union migration on 15 Western European countries showed that, by taking manual jobs, migrants pushed European Union nationals towards more highly skilled and better-paid jobs. A significant increase in more complex skills among nationals was noted. The labour market adjusted with no significant impact on the employment rates for European Union nationals. The impact of the global recession was shown to temper but not eradicate this positive phenomenon, debunking the argument that an economic downturn justifies repressive policies against 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
- 2016
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 33
- Paragraph text
- Similarly, conceptions of migrants as a "burden" are not based on facts and serve political objectives. Against a backdrop of fiscal and demographic challenges and of austerity policies, discussing external migration as a "burden" and focusing on the need to share this "burden" across different Member States again legitimizes the further securing of borders and encourages negative public attitudes. Economic studies demonstrate that, as workers, consumers and taxpayers, migrants contribute to the economic growth of societies, with very limited downside effects (see A/HRC/29/36). In fact, the perceived "burden" of migration comes predominantly from the financial, technological and human resources necessary to implement counterproductive national security-focused policies and to deal with their unintended, although foreseeable, secondary effects.
- 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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 35
- Paragraph text
- A global compact based on the core principles and provisions of international and regional law could stop the widespread suffering of migrants in transit, at borders and in destination countries. Applying the United Nations core values to policies based on fact rather than fiction would lead to migration policies that facilitate mobility and promote diversity. The development of a global compact with a long-term vision supporting a human rights-based framework will become increasingly vital to the internal and external interests of States as they face demographic, societal and labour market challenges. Committing to a global compact that recognizes the benefits of mobility will provide better protection for the human rights of migrants and will better equip States to sustain recovery, encourage growth and further develop global competitiveness.
- 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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 36a
- Paragraph text
- [Fully implementing a global compact relying on a human rights-based framework for regular migration therefore involves a number of policy orientations, including:] Increasing search-and-rescue capacity;
- 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
- 2016
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 19
- Paragraph text
- Notwithstanding such negative perceptions, immigration has a minimal impact on unemployment among residents in host countries and a positive overall impact on employment generation and investment: migrants contribute to economic growth wherever they go. Increasing evidence suggests that migrants, including irregular migrants, contribute more in direct and indirect taxes than they receive in the way of services. The use of the appropriate language and studies, the presentation of facts and policies that favour diversity and the inclusion of migrants are key to facilitating their integration and contribution to development and to reducing negative populist representations of 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
- 2016
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 21
- Paragraph text
- The Special Rapporteur proposes a fundamental shift in the way that migration is perceived and framed. Migration itself is a natural part of human existence; it is not a crime, it is not a problem, and it has the potential to be a solution. According to this conception, migration governance is not about closing off borders and keeping people out, but about regulating mobility, that is, opening accessible, regular, safe and affordable migration channels and promoting and celebrating diversity. By governing migration instead of restricting it through the use of "push-backs", interception and detention, we move from a zero-tolerance attitude to one of harm reduction, thereby undercutting the criminal organizations responsible for migrant smuggling, addressing the security concerns of States and, ultimately, reducing human suffering and saving lives.
- 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
- Year
- Item does not have this property
Paragraph
Developing the Global Compact on Migration 2016, para. 23
- Paragraph text
- States must also develop a long-term strategic vision of how they want their mobility policies and practices to be, 10 to 30 years from now. Preparing such a strategic vision with appropriate consultations in an inclusive and robust public debate, with full recognition of their human rights obligations and respect for the rule of law for all, will allow States to determine the steps needed to achieve their goals, as well as with realistic timelines and the kind of public discourse needed to convince their electorates. Such a vision will only be legitimate if it is placed within a human rights-based framework that will empower all concerned, including all migrants, to test the legality of mobility policies and practices.
- 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
- Persons on the move
- Year
- 2016
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 48
- Paragraph text
- The Special Rapporteur is aware that some countries of origin have resisted providing support to migrants seeking effective remedy so as not to endanger their competitiveness in the international labour market or their ability to benefit from remittances. The British Columbia Labour Relations Board found that Mexican authorities had blacklisted migrant workers who had participated in the Canadian Seasonal Agricultural Workers Program for supporting unions and prevented workers from participating in the Program the following season because they feared that if Mexican workers unionized they would be replaced by workers from Guatemala.
- 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
- Year
- Item does not have this property
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 53
- Paragraph text
- Under international law, States have a binding obligation to ensure the economic, social and cultural rights of all individuals without distinction, including the right to work, which provides migrants with compensation that is equal to that provided to nationals, a decent living for themselves and their families, safe and healthy working conditions, rest, leisure and a reasonable limitation on working hours and periodic holidays with pay, as well as remuneration for public holidays. States also have the responsibility to respect and uphold the rights to, inter alia, education, health, social security, housing, food and water, a healthy environment and culture in a manner that promotes non-discrimination, dignity and freedom for migrants.
- 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
- Persons on the move
- Year
- 2016
- Year
- Item does not have this property
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 33
- Paragraph text
- The Convention on the Rights of the Child extensively provides for the right of the child to the enjoyment of the highest attainable standard of health (art. 24). In that same article, obligations are placed on States to make every effort "to ensure that no child is deprived of his or her right of access to such health care services" by, inter alia, providing children with "necessary medical assistance and health care" and ensuring "appropriate prenatal and post-natal healthcare for mothers".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2010
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 17
- Paragraph text
- The world can expect to experience profound changes in the natural and human environments over the next 50 years or so. Given the significant impacts of those environmental transformations, the Special Rapporteur notes that the effects of climate change will likely play a significant and increasingly determinative role in international migration. In this context, the Special Rapporteur decided to dedicate the thematic section of his report to the General Assembly to the impacts of climate change on migration.
- 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
- Year
- Item does not have this property
Paragraph
Climate change and migration 2012, para. 18
- Paragraph text
- Hundreds of millions of people, especially in the global South, are highly vulnerable to global environmental change and will become more so in the future. In its assessment of the future of the planet, the leading intergovernmental body working on the issue, the Intergovernmental Panel on Climate Change, concluded in its Fourth Assessment Report (2007) that global warming was unequivocal and that human activity was the main driver, very likely causing most of the rise in temperatures since 1950.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 7
- Paragraph text
- At the regional level, the right to liberty and security of person is protected by article 6 of the African Charter on Human and Peoples' Rights, article 7 of the American Convention on Human Rights, article 14 of the Arab Charter on Human Rights and article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Detention of migrants in an irregular situation 2012, para. 28
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides that migrant workers and members of their families who are deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity (art. 17, para. 1). Furthermore, migrant workers and members of their families who are subjected to detention shall enjoy the same rights as nationals (ibid., para. 7).
- 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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 46
- Paragraph text
- In line with the above, the Special Rapporteur wishes to highlight that States should provide assistance to victims of trafficking irrespective of their cooperation in relation to judicial proceedings, and invites States to strengthen efforts to improve victim identification processes and the corresponding referral mechanisms, including referral to asylum-seeking systems, where appropriate.
- 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
- Year
- Item does not have this property
Paragraph