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Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 117
- Paragraph text
- The Special Rapporteur welcomes policymaking discussions on migration in international policy platforms. The Special Rapporteur also welcomes the efforts made by the Global Migration Group to tackle migration issues from a human rights perspective, to be led by OHCHR. He also encourages inter-institutional coordination at the national level, including through specific mechanisms and with the participation of civil society, consular services, local governments and the private sector, for the development and implementation of migration policies that adopt a human-centred perspective.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 9
- Paragraph text
- The Special Rapporteur observes that disregard for human rights in migration management initiatives has detrimental consequences not only for the protection of non-documented or irregular migrants, but also for migrant populations as a whole and host societies at large. Accordingly, he proposes, in this report, to expand the framework of analysis to include the overall impact and consequences entailed by policies that use criminal penalties, or administrative penalties which mimic criminal ones, including policies that encourage labelling migrants as criminals or 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 10
- Paragraph text
- While recognizing the complexity of irregular migration and the plight of irregular migrants, smuggled migrants and victims of abusive forms of migration and transnational organized crime, the Special Rapporteur wishes to stress that he does not aim to encourage irregular migration, but rather to underscore that irregular migration is sometimes tacitly encouraged by the migration management policies put in place by States. He also aims to highlight that a simplistic crime prevention or law enforcement approach is ineffective and usually neglects the human rights concerns involved in the complex causes and effects of irregular migration, in particular the importance of States adhering to international human rights standards vis-à-vis all migrants, whether documented or not.
- 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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 11
- Paragraph text
- In line with the above, the Special Rapporteur wishes to draw the General Assembly's attention to major human rights implications of the criminalization of irregular migration. The Special Rapporteur expects that his report will contribute to the dialogue on these issues in the framework of the fourth meeting of the Global Forum on Migration and Development, which will be held in Mexico in November 2010. In his view, the Forum's central theme "Partnerships for migration and development: shared prosperity-shared responsibility" is momentous. It provides an important platform for dialogue among States and other stakeholders on migration management and the protection of the human rights of migrants as the sine qua non for harnessing the benefits of migration and making of it a choice and a crucial tool for sustainable development.
- 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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 16
- Paragraph text
- In the Special Rapporteur's view, criminalizing irregular migrants for the offence of being in a country without adequate documentation makes all migrants, regardless of immigration status, vulnerable to potential racist or xenophobic acts. Societies quickly distort the particular situations of migrants, and associate them with criminality, including organized crime, drug trafficking, robbery or even terrorism. As a result, migrants are prone to xenophobic outbreaks of abuse and violence, as evidenced by some of the alleged human rights violations brought to the attention of the Special Rapporteur over the past two years.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 17
- Paragraph text
- This detrimental pattern of individual and group behaviour in some transit and destination societies has a negative impact on children's upbringing since xenophobic models are handed down to them by adults and discriminatory sectors of society. In that connection, the Special Rapporteur wishes to warn the General Assembly of the consequences of the criminalization of migration on the enjoyment of human rights by migrants and to draw attention to the disproportionate use of the criminal justice system to manage irregular migration and of detention in migration management, as well as the inappropriateness of labelling migrants as "criminals" or "illegal", which, in turn exerts influence on the use of profiling against 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
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 19
- Paragraph text
- Migration management based on criminal law tends to disregard a human rights dimension of migration and to focus solely on measures to address irregular migration by strengthening border controls and criminalizing both the facilitators and the migrants themselves. The Special Rapporteur has shown in the course of his mandate that the use of criminal measures to manage migration undermines the human rights of migrants and can directly or indirectly curtail their access to basic social rights, particularly health care, education and housing, as outlined in his annual thematic report to the Human Rights Council. In some instances, these measures also trigger multiple forms of discrimination and, in extreme cases, they have also endangered or violated the right to life.
- 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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 20
- Paragraph text
- In line with the above, the Special Rapporteur wishes to stress that the use of criminal law in the field of migration seldom serves the purpose of making migration safer, more secure or protected. As highlighted recently by the Commissioner for Human Rights of the Council of Europe, "criminal law is designed to punish individuals who harm other individuals or the society at large" and crimes of border crossing or stays on the territory of a State beyond a permitted period "are victimless crimes" and do not pose any harm to the society at large, but, if at all, "to the integrity of the State's border and immigration control laws".
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 22
- Paragraph text
- The Special Rapporteur holds the view that irregular migration is the result of the interaction of factors in countries of origin and destination and that therefore, managing irregular migration is a shared responsibility as pointed out in the theme of the fourth meeting of the Global Forum on Migration and Development. In his view, recognizing the demand for the labour force of irregular migrants in countries of destination should be the basis for the moral and legal obligation of countries of destination and origin to share responsibility for shaping and implementing a human rights-based approach to migration governance and subsequent decriminalization of irregular migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 25
- Paragraph text
- The Special Rapporteur concurs with the Working Group on Arbitrary Detention, which has stated that the principle of proportionality requires that administrative detention should be considered as a measure of last resort. Strict legal limitations must be observed and judicial safeguards provided for. The reasons put forward by States to justify detention, such as the necessity of identifying migrants in irregular situations, the risk of migrants absconding or facilitating the expulsion of irregular migrants who have been served with removal orders must be clearly defined and enumerated in national legislation.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 31
- Paragraph text
- Information collected and received by the Special Rapporteur indicates that, in some instances, law enforcement officials routinely use generalizations about ethnicity, religion, race, colour of the skin, or national origin in deciding whom to target for identity checks, stops, searches and sometimes arrest rather than utilizing objective evidence as the basis for making law enforcement and/or investigative decisions on criminal activity and the correlative criminal responsibility. Reports received by the Special Rapporteur also indicate that in some instances racial and ethnic profiling may result from the racist behaviour of individual law enforcement officials or, in some instances, from institutionalized racist and xenophobic practices, which are contrary to international law and human rights norms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 32
- Paragraph text
- The Special Rapporteur wishes to stress that profiling of immigrant communities and their purported association with criminal activities clearly contrast with principles of human dignity and the prohibition of discrimination. Profiling also disproportionately affects migrant communities, making them a target of mass identity checks, raids on homes, businesses and religious sites in the absence of specific evidence. Information received by the Special Rapporteur indicates that in some instances law enforcement officials have been tasked with rounding up and deporting foreigners in order to meet nationally set targets. The Special Rapporteur has also been informed that these practices sometimes target individuals from specific nationalities because repatriation costs are lower to certain countries.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 40
- Paragraph text
- The Special Rapporteur regrets that laws and practices in many States result in the criminal prosecution of asylum-seekers and refugees for irregular entry, stay or the use of fraudulent documents, despite this being prohibited by international refugee law, and despite the fact that it is explicitly against the recommendations of the Executive Committee of the United Nations High Commissioner for Refugees. He further regrets that some countries apply the same penalties for irregular entry to asylum-seekers, including, in extreme cases, whipping.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 42
- Paragraph text
- The criminalization of irregular migration and the focus of migration management on security and border controls, place serious obstacles in the way of identifying and protecting victims of labour abuse, exploitation and human trafficking. In this regard, the Special Rapporteur recalls that if victims are not identified or, if they are incorrectly identified as "criminals" or "illegal" migrants, enjoyment of their rights and protection are hampered. As recalled by the Special Rapporteur on trafficking, the ability of victims to access the rights they are entitled to can only be ensured by their quick and accurate identification as victims.
- 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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 43
- Paragraph text
- The criminalization of irregular migration further limits victims' access to justice and protection and decreases the likelihood that they will report abuse to authorities. The added fear of criminal prosecution and punishment further prevents trafficked and smuggled persons from seeking protection, assistance and justice. The Special Rapporteur observes that recent border control measures aimed at tightening and preventing clandestine entry, including joint border enforcement operations in transit States or at sea, have had troubling effects on the victims.
- 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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 45
- Paragraph text
- The Special Rapporteur regrets that States have adopted increasingly aggressive anti-smuggling and anti-trafficking laws and policies, with a criminalization and law enforcement focus, without regard to other key elements such as the fundamental human rights obligations of States. He expresses concern about legislation in some States, which effectively allows victims of trafficking to be treated as criminals rather than victims of crime. Trafficked or smuggled, irregular migrants are in many instances prosecuted or detained because of their irregular migration or labour status as well as for using forged documentation, having left or entered a country without authorization, begging or for having worked in the sex industry. In this regard, he wishes to stress that victims of trafficking must be treated as victims of crime and protected against criminalization, including by adopting laws that protect trafficked persons from prosecution or punishment for trafficking-related offences such as holding false passports or working without authorization.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 53
- Paragraph text
- In the Special Rapporteur's view, creating opportunities for regular migration is a key strategy to address the root causes of irregular migration and discourage migrant smuggling and human trafficking. In this regard, he welcomes regional integration frameworks, such as the European Union, the Southern Common Market (MERCOSUR) and the Economic Community of West African States (ECOWAS), all of which favour labour mobility through legal migration channels. The Special Rapporteur wishes to highlight some practices aimed at promoting human rights-based approaches to migration management and at regularizing the situation of non documented migrants on a large scale.
- 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
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 58
- Paragraph text
- The Special Rapporteur observes that large-scale regularization programmes are usually part of a multi-pronged strategy. They are aimed at incorporating workers in the informal "underground" economy into the formal economy, and in that way, to increase their contributions to national tax and social security revenues, limit workers exploitation and abuse and discourage migrant smuggling and human trafficking. He also observes that these programmes usually specify requirements of potential beneficiaries, including length of residence, proof of work and, in some instances, proof of social welfare contributions, age range and nationality (when the regularization programmes target migrants from countries with cultural and historical connections with the host country).
- 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
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph