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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Paragraph
Global migration governance 2013, para. 39
- Paragraph text
- The General Assembly has taken some crucial measures in relation to the human rights of migrants, including the adoption of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in 1990 and the holding of the first High-level Dialogue on International Migration and Development in 2006.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 57
- Paragraph text
- The return of migrants who do not meet the required international or national legal standards to remain in their host country must be conducted in safety, with regard to dignity and respect for human rights, on the basis of: (a) the primacy of voluntary returns; (b) cooperation between States of origin and reception; and (c) enhanced reception and reintegration assistance for those who are returned. Children, whether unaccompanied, separated or accompanied by their parents or other caregivers, should only be returned or repatriated when it has been determined to be in their best interest through an appropriate procedure before a competent institution with proper representation of the child. Families should never be separated unless separation is necessary to ensure the best interest of the child.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 61
- Paragraph text
- Unaccompanied migrant children and families with children must never be detained for reasons relating to their administrative immigration status. The detention of children, even for short periods, can have severe psychological consequences for their development. The Committee on the Rights of the Child and other human rights mechanisms have made it clear that immigration detention can never, ever, be in the best interest of a child and that the immigration detention of children, whether unaccompanied or with their families, always constitutes a violation of their rights. Consequently, both unaccompanied migrant children and families with children should always be provided with alternatives to detention.
- 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
- Children
- Families
- Persons on the move
- Year
- 2017
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. 37
- Paragraph text
- 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. The mental health of migrants was also an issue of concern, as factors such as social isolation caused by separation from family and social networks, job insecurity, difficult living conditions and exploitative treatment could have adverse affects. The processes of migratory movement may also have a significant negative impact on the health of migrants before they arrived in the host country.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
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. 26
- Paragraph text
- The Special Rapporteur also focused on the protection of children in the context of migration, recalling the obligation of the State to ensure the protection of all children in all stages of the migration process. He presented an overview of the international legal framework applicable, proposed a conceptual framework and referred briefly to three categories of children affected by the migration process: those left behind by migrating family members; migrant children moving across borders; and migrant children in host 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
- Children
- Families
- Persons on the move
- Year
- 2011
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 61
- Paragraph text
- For children whose parents are migrant workers, being excluded from education and health systems in the destination country can have lasting consequences on physical and mental health and development. In its 2004 publication "Free trade and children", the United Nations Children's Fund (UNICEF) sheds light on the situation of migrant children, in the context of CAFTA-DR, who are disproportionately at risk of poverty, family disintegration and malnutrition because of declines in the agricultural sector and rural employment.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 64
- Paragraph text
- The Special Rapporteur recommends that States develop and incentivize accessible, regular, safe and affordable migration channels at all skill levels and consider a variety of options for regular migration, such as humanitarian visas, temporary protection, family reunification, work permits at all skill levels, as well as for migration for job seeking, student mobility and medical evacuation. States can also increase the number of migrants admitted under existing regular migration schemes, including for seasonal workers and student visas.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 21
- Paragraph text
- The root causes of irregular migration are not addressed by resorting to its criminalization. Irregular migration is a complex phenomenon with multiple and interrelated causes, closely linked to three major triggers: the existence of increasingly restrictive controls in some countries of destination, as well as restrictions on legal avenues for migration (including family reunification); a rise in unemployment and social exclusion in some countries of origin, along with increased structural disparities within and among countries; and pull factors in destination countries, particularly the increased demand in the informal sectors of the labour market, which is endogenous to countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 29
- Paragraph text
- The Special Rapporteur also wishes to highlight that the term "illegal migrant", broadly used in the context of the criminalization of irregular migration is not recognized in international law. He wishes to recall that "irregular" or "non documented" migrant, as defined by article 5 of the International Convention on the Rights of All Migrant Workers and Members of Their Families, are internationally accepted terms to describe the situation of not having, or having lost, the proper documents that allow migrants either to reside in a given territory or to work there. In his view, labelling human beings as "illegal" is inconsistent with human dignity, particularly in light of the content that the term "illegal" carries with it, tainting migrants with prejudice and criminal suspicion because of its linkages with criminal law and the criminal justice 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
- Families
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 30
- Paragraph text
- The Special Rapporteur wishes to recall that the human rights enshrined in the Universal Declaration of Human Rights and in the core international human rights treaties extend to all migrants, including those who are in a non-documented or irregular situation. This has been repeatedly underlined by human rights mechanisms and is also made explicit by the International Convention on the Rights of All Migrant Workers and Members of Their Families. While some limited differential treatment between regular and irregular migrants may be justified under international human rights law, for example, with regard to political rights and access to certain specific programmes and services, such differential treatment must never encroach on the fundamental rights and liberties that a State must guarantee to all persons under its jurisdiction, irrespective of their 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
- Families
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 47
- Paragraph text
- The Special Rapporteur continues to observe, as highlighted in his 2009 report to the General Assembly, that many countries still allow migration-related detention of children, in contravention of the best interests of the child. He also regrets the lack of "benefit of the doubt" in age-assessment processes for migrant children, the detention of unaccompanied minors, and in general, the detention of children in facilities that are unsuited for them and/or their families. In his view, the absence of a child and adolescent perspective in migration management is particularly worrisome with regard to immigration 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
- Adolescents
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 48
- Paragraph text
- The Special Rapporteur wishes to insist that migrant children should not be detained on the basis of their migration status or that of their parents. In his view, detention of children (either unaccompanied or with families) will never be in their best interests and that States should provide alternative measures to detention and confinement for all children subject to immigration control procedures. He also wishes to insist that immigration related detention of children should not be justified on the basis of maintaining the family unit (for example, detention of children with their parents when all are irregular migrants). As stressed by the United Nations Children's Fund (UNICEF), the Committee on the Rights of the Child and others, detention of children will never be in their best interests. Hence, the ideal utilization of a rights-based approach would imply adopting alternative measures for the entire family. States should therefore develop policies for placing the entire family in alternative locations rather than closed detention centres.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 56
- Paragraph text
- The right to adequate housing is specifically guaranteed to children under article 27 of the Convention on the Rights of the Child, which recognizes the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. Where necessary, States are also obliged to provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to nutrition, clothing and housing. This right is not limited to children who are nationals, but extends to all children, including asylum-seeking, refugee and migrant children, irrespective of their nationality, immigration status or statelessness.
- 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
- 2010
Paragraph