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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. 43
- Paragraph text
- Long periods of immigration detention can also lead to sustained barriers to migrants claiming their economic and social rights, even after having been released. UNHCR research suggests that detention disempowers migrants who are often keen to work. A sustained absence from the labour market and the emotional and mental toll of detention can lead to migrants becoming unnecessarily dependent on State-provided support.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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
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
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. 57
- Paragraph text
- Migrant workers trying to survive in Europe often find themselves subject to racism and xenophobia. Labour market-related abuses and xenophobia within the overall population are mutually reinforcing. It has been reported that employers do not employ even highly skilled foreign workers and that there is a failure to maximize the potential of migrant workers within the European Union, with many migrants underperforming in the labour market relative to their education, in part because of xenophobic attitudes.
- 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
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. 76
- Paragraph text
- Applying the European Union's core values to policies that are based on fact rather than fiction leads to migration policies that facilitate mobility and celebrate diversity. The long-term development of the human rights-based framework discussed above will become increasingly vital to the Union's internal and external interests. Over the next 25 years, Europe will undergo large-scale demographic, societal and labour market changes.
- 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
- 2015
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. 81
- Paragraph text
- Another reason for adopting a human rights-based approach is the European Union's need to remain globally competitive. The World Economic Forum has noted diverging trends between European countries, with some, such as Germany, the Netherlands, Sweden and the United Kingdom, being among the top-10 most competitive economies in the world, and others lagging behind. The highest-ranking European Union country was Germany, in fifth place, and the lowest-ranking was Greece, in eighty-first place. There is currently a low level of highly skilled labour migration from non-European Union countries to most member States owing to barriers to legal access and an informal reluctance by employers to hire from outside the region. This demonstrates how an approach defined by an emphasis on security can permeate all dimensions of migration.
- 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
- 2015
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. 91
- Paragraph text
- The benefits of this rethinking and of the European Union taking a leadership role go far beyond the fulfilment of normative commitments. Fact-based economic analyses have tended to conclude that migrants contribute to economic growth and productivity. As Europe changes over the next generation, extending mobility to those outside its borders will allow European Union member States to reap opportunities for peace, security and sustainable development both within and outside the Union.
- 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
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
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 118
- Paragraph text
- [To the European Union and its member States] Reconsider the general refusal of EUMS to ratify the International Convention on Migrant Workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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
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
Detention of migrants in an irregular situation 2012, para. 26
- Paragraph text
- Substandard detention conditions may potentially amount to inhuman or degrading treatment, and may increase the risk of further violations of economic, social and cultural rights, including the right to health, food, drinking water and sanitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Health
- Social & Cultural Rights
- Violence
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Year
- 2012
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
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
Developing the Global Compact on Migration 2016, para. 10
- Paragraph text
- These demographic shifts will add pressure and impetus to the need to balance labour supply and demand. Currently, 72 per cent of migrants are of working age, a factor that could contribute to bridging the gap in "ageing economies". To meet employment targets, States could harness the capacity of these migrants by employing a complex migration policy mix and reconsidering how they utilize their skills (see A/70/59). Employers could embrace diversity and rely on recruitment from a global labour force, as migrants with all kinds of skills will be required for many sectors of the economy.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 12
- Paragraph text
- Putting up a barrier between push and pull factors to prevent mobility without responding to the need to leave and the need for workers creates conditions for the creation of a flourishing underground labour market. Any attempt at "sealing" borders without offering more accessible, regular, safe and affordable avenues for migration will continue to fail on a massive scale.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 13
- Paragraph text
- It is paradoxical that, in the name of securing their borders, some States have actually lost control of them owing to the fact that flexible and opportunistic smuggling rings are often ahead of the game. Prohibitive and repressive policies, without regular migration channels for asylum seekers and much-needed low-wage migrants, only entrench smuggling operations and underground labour markets, resulting in more deaths at sea and more human rights violations.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 22
- Paragraph text
- Effectively regulating mobility requires States to develop a much more complex view of why and how people move. States must adopt a whole-system view of migration, taking into account all its aspects, including all benefits and challenges in terms of economic growth, demographic changes, cultural diversity, social integration, personal freedom and respect for the rule of law. A whole-of-government approach is best.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 26
- Paragraph text
- The Special Rapporteur prefers the use of the term "mobility" over that of "migration". "Migration" has come to embody all the fears of uninformed public opinion. "Mobility" is a more fluid term, usually associated with highly skilled workers: expatriates are "mobile", construction workers are "migrants". Language matters, and changing language is part of changing perceptions. Using the expression "mobility" better encompasses the idea of allowing people to come and go and return, depending on their labour opportunities and personal choices. It may or may not mean settlement or integration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 36c
- 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:] Considerably reducing 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;
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 46g
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Enjoyment of all economic, social and cultural rights, including the right to education, health, social security and adequate housing, as well as labour rights, for all migrants, including irregular migrants;
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 56
- Paragraph text
- Once the proper legal framework is in place, migrants will also have greater capacity to protect themselves in times of crisis and vulnerability, especially when they can directly access domestic courts and tribunals to address rights violations in the context of trade. Working with civil society, trade unions and the private sector is essential to improving human rights and labour rights protections for 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
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 58
- Paragraph text
- Globally, in sectors where regulation is inadequate, such as domestic work, care, construction, agriculture, the garment industry, food processing and packaging, fisheries, extraction and hospitality, migrants unable to get work permits arrive irregularly and are vulnerable to economic exploitation, abuse and violence. States are well aware of this fact, but can do little to reduce the levels of exploitation, and employers take advantage of the fact that migrants rarely complain, mobilize or contest, owing to their lack of status, political capital or access to justice.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 59
- Paragraph text
- Although some migrants, such as children, older persons, women travelling alone and migrants with disabilities, are vulnerable, the majority are not intrinsically vulnerable. On the contrary, they are most often incredibly resilient and courageous, making life-altering decisions on a regular basis. However, through policy and practice decisions that result in a lack of effective access to justice, States may create precarious conditions of legal status or regulatory frameworks that allow many to abuse and exploit migrants with impunity. For example, there are cases in which temporary migrant worker schemes do not provide for adequate oversight mechanisms; countries that rarely enforce the prohibition of recruitment fees, leading to situations of debt bondage, and rarely streamline their labour recruitment industry to ensure it effectively protects the rights of migrants; and labour inspection mechanisms that collaborate with immigration enforcement to expel undocumented migrants rather than try to enforce labour standards against the exploitative employers of such 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
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 68
- Paragraph text
- This can be seen, for example, in how temporary migration schemes are frequently discussed, in international forums such as the Global Forum on Migration and Development, as positive examples of flexible labour supply responding quickly to economic demands, despite countless examples of built-in structural precariousness and of negative human rights consequences.
- 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
Developing the Global Compact on Migration 2016, para. 69
- Paragraph text
- Destination States accept and become complicit in this economic normalization of the exploitation of migrant workers because of a desire to remain globally competitive. Countries of origin can also fail to negotiate adequate protections for their nationals owing to power imbalances between countries. Examples have been reported of countries of origin that have requested better treatment for their nationals only to see the number of their citizens obtaining visas as migrant workers drop.
- 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
Developing the Global Compact on Migration 2016, para. 71
- Paragraph text
- In this respect, States must ensure that exploitative employers are sanctioned and that migrants, including those in an irregular situation, are empowered to defend their own rights through effective access to justice in national courts, tribunals and dispute-settlement mechanisms, with the assistance of unions, interpreters and legal assistance.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 72c
- Paragraph text
- [States must transition to an ethical migrant labour recruitment system based upon the Guiding Principles on Business and Human Rights and the wealth of human rights instruments, labour standards and soft law norms. This must take into account the rights and needs of migrant workers and the benefits of facilitated mobility and incentivize accessible, regular, safe and affordable labour mobility. States must also determine the regulatory environment in which employers recruit and use migrant labour. The key elements of such a transition include:] Harmonization of the legal and policy frameworks relating to recruitment.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 76
- Paragraph text
- In turn, the private sector must fully comply with all relevant international human rights and labour standards and fully implement the Respect, Protect and Remedy framework within the Guiding Principles on Business and Human Rights in relation to migrant workers, by, inter alia, developing a zero-tolerance policy on the payment of recruitment fees by workers, auditing supply chains and ensuring 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 78
- Paragraph text
- The alliance of migrants' resourcefulness, the business community's desire for a level playing field and the political will of Governments should result in egregious recruitment practices becoming mostly a thing of the past.
- 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
- 2016
Paragraph