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The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93c
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When entering into trade agreements, undertake comprehensive ex ante and ex post human rights impact assessments that consider the rights of migrants through direct consultations with migrants, migrants' associations and trade unions, and, on the basis of these assessments, include relevant general exception clauses and other compensatory, adjustment, grievance and remedial mechanisms - which may include minimum wage provisions, welfare funds to support migrant workers, strengthened consular support, voluntary insurance schemes for migrants and other housing or transitional assistance - and termination clauses, among other measures;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 88
- Paragraph text
- Recognize the right of all migrants, including those in an irregular situation, to form and join organizations, including trade unions, and recognize these unions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Refrain from the confiscation of workers' passports at all times and any other restrictions on migrants' freedom of movement
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. C.
- Paragraph text
- [Recommendations to international organizations] Improve coordination on the issue of recruitment fees among migrant workers across different United Nations agencies
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93a
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When negotiating trade agreements, seek technical support from United Nations organizations and specialized agencies, notably OHCHR, ILO, WTO and UNCTAD, to help ensure that the relevant provisions in such agreements respect, promote and fulfil international human rights standards;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 95
- Paragraph text
- [To the European Union and its member States] Invest in filling data gaps - such as those around underground labour markets, labour exploitation of migrants, deaths at sea and push and pull factors - to develop evidence-based policies. In addition, increase harmonization and coordination in respect of migration data sources to develop a systemic picture.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 73
- Paragraph text
- Ensure that policymakers and the public are continually educated about the human and labour rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 74
- Paragraph text
- Improve data collection and indicators in all areas relevant to labour migration in order to make informed policy decisions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 76
- Paragraph text
- Ratify the ILO Fundamental Conventions and the migrant workers Conventions (C.97 and C.143), as well as C.181 concerning private employment agencies, and C.189 concerning decent work for domestic workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Engagement with the private sector] Lead by example in the development and implementation of the human rights due diligence undertaken in relation to government contracts. Prioritize and reward ethical recruitment agencies within the contracting of government work and ensure that the costs of ethical recruitment are factored into the tendering process. Have a zero-tolerance policy on the charging of fees and broader abuses of migrant workers' rights in any part of government supply chains. Ensure regular and robust independent audits to ensure compliance
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92a
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States ratify the core international human rights treaties, particularly those that recognize the rights of migrant workers, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the ILO fundamental conventions, the ILO migrant workers conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)), other ILO conventions (particularly, the Labour Inspection Convention, 1947 (No. 81), the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), and the Domestic Workers Convention, 2011 (No. 189)), all other conventions that may offer protections for migrant workers, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the Convention relating to the Status of Refugees;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Persons on the move
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 76
- Paragraph text
- The Special Rapporteur would like to encourage States that have not yet done so, to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 125
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Through the work of the Directorate General for Employment, Social Affairs and Inclusion, support member States in moving away from cheap labour predicated on the abuse of migrant workers towards a system of fair, organized and legal migration, through the repression of exploitative employers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Overall migration policies and recognition of the push factors] Recognize the push factors related to precarious labour migration and, within the context of the post-2015 sustainable development goals agenda and other international and national policy initiatives, promote decent work opportunities for people at home. Decent work will empower people to make informed decisions about whether to seek work overseas and deal with recruitment processes from a position of choice
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 109g
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Align all goals, targets and indicators with international human rights and labour standards, the aim being to include the realization of human rights for all in the post-2015 agenda, which would increase policy coherence and strengthen accountability;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 105
- Paragraph text
- Ensure that migrants have access to justice after returning to their home country, including the possibility to claim unpaid wages.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Conduct systematic checks to ensure that recruiters and employers do not confiscate the passports and other identity or travel documents of migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 90
- Paragraph text
- Refrain from using sponsorship systems that make immigration status conditional on one given employer, as this creates a precarious status, restricts freedom of movement, increases vulnerability to exploitation and abuse, and leads to forced labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Integration of migrants in countries of destination] Create an environment that is conducive to unionization and allows migrant workers to exercise their freedom of association, assembly and collective bargaining
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ratify and enact into law the other key international legal standards protecting migrant workers, including ILO Conventions no. 87, 97, 143, 181 and 189, and the ILO Declaration on Fundamental Principles and Rights at Work and the ILO Forced Labour Protocol. Human rights and related labour standards apply to all migrants at every stage of the recruitment process, and are not dependent upon being a citizen of a sovereign territory
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 77b
- Paragraph text
- [States are particularly encouraged to:] Consider regularization programmes as a key element of migration policies in order to ensure social integration and family reunification, limit migrant workers' exploitation and abuse and incorporate workers from informal and underground economies into the labour force, with clear benefits for host countries, including increasing contributions to national tax and social security revenues;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 90
- Paragraph text
- States should fully take into account factors which affect access to housing by migrant women and girls. In particular, States should develop mechanisms to monitor workplace conditions of migrant women, especially where they are required to reside with their employers. States should ensure that migrant women workers have equal protection of the law and should provide accommodation for those who wish to leave abusive employers in the meantime.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 67
- Paragraph text
- Unrecognized labour needs in destination States, especially for low-skilled labour, constitute a major pull factor for irregular migration. Opening up more regular migration channels for workers considered "low-skilled", thus recognizing the labour needs of destination States, and sanctioning exploitative employers, would reduce irregular migration and limit the power of smugglers' organizations, thus contributing to the better respect, protection and fulfilment of the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ensure implementation of the 2011 United Nations Guiding Principles on Business and Human Rights, by taking concrete steps to implement the United Nations "Respect, Protect and Remedy Framework" in relation to migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Revoke the licences of recruitment agencies that charge fees to migrants and/or are proven to have abused the human or labour rights of migrants. Licences should be subject to regular renewal with compliance with human rights obligations being essential for reissuing of licences
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Invest into whole-system improvement in the labour inspections in countries of destination workers. Labour inspectors must interact with migrant workers, and, where necessary, be accompanied by interpreters in languages understood by migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 110b
- Paragraph text
- [Stakeholders should make available statistical and substantive information on, inter alia:] The demand of migrant labour, including irregular migrant labour, in countries of destination;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 91
- Paragraph text
- States should provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to housing. Irregular migrant families and their children should be provided with a minimum level of housing which ensures their basic needs. Throughout the process, the best interest of the child should be the paramount concern and the guiding principle.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 84
- Paragraph text
- Consider opening up more regular migration channels, including for low-skilled workers, thus reflecting the real labour needs of the European Union, which would lead to fewer irregular border crossings and less smuggling of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 71
- Paragraph text
- Address the pull factors for irregular migration, namely the unrecognized need for migrant labour in destination States, including for low-skilled workers, and the corresponding need to open up a greater number of regular migration channels and effectively sanction exploitative employers of irregular migrants, which would lead to fewer instances of irregular migration, and less exploitation of irregular migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph