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The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 46
- Paragraph text
- Through resettlement programmes for refugees and the provision of humanitarian visas and other opportunities, it is well within the means of States to develop the mechanisms necessary for providing resettlement opportunities to refugees. A worldwide, well-governed distribution key that provides resettlement programmes for refugees and humanitarian visas and other opportunities will create a reliable long-term programme and ensure that a large number of refugees will seek resettlement rather than spend large sums of money and risk their lives and those of their children in smuggling operations. This would considerably reduce the market for smugglers, as well as the cost of refugee status determination procedures in the countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
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
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 49
- Paragraph text
- Migrants, especially those with a precarious residence status, are vulnerable to abuse and labour exploitation. Certain categories of migrants, such as migrant women and children, temporary migrant workers and undocumented migrants are more intrinsically vulnerable to abuse, violence and exploitation. The physical, sexual and psychological abuse of female migrant domestic workers appears to be widespread, and they are often exposed to health and safety threats without being provided with adequate information and support. For most migrants, it can be very difficult or impossible to obtain meaningful access to an effective remedy for rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 75
- Paragraph text
- In order for meaningful national plans, policies and programmes to be developed and implemented, States must focus on collecting and assessing data on the human rights situation of migrants, from sources such as censuses, population, labour force and household surveys, administrative records, public services, the justice system, national human rights institutions, trade unions and civil society organizations. The participation of hard-to-count migrant populations, such as short-term, circular, undocumented and child migrants and trafficked persons, in the design of surveys and other data collection instruments and in the dissemination and analysis of data will improve the relevance and quality of data.
- 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
- 2017
Paragraph
Developing the Global Compact on Migration 2016, para. 63
- Paragraph text
- A well-organized migration policy based on mobility and human rights could also help States to enhance their development impact. In 2015, migrants sent approximately $432 billion in remittances. Migrants who moved from countries with a low human development index to countries with a higher development index experienced, on average, a 15-fold increase in income, a doubling in education enrolment rates and a 16-fold reduction in child mortality. If the human rights of migrants are effectively respected, protected and promoted within well-regulated migration processes, such development outcomes can be greatly enhanced.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
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. 43
- Paragraph text
- Trade unions have been critical partners in the prevention of human trafficking and forced labour. The International Trade Union Confederation and the International Union of Food Workers, for example, have played a critical role in curtailing forced labour in the cocoa industry in Côte d'Ivoire by advocating implementation of the Protocol for the Growing and Processing of Cocoa Beans and Their Derivative Products in a Manner that Complies with ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. A partnership between the confederation of workers Rerum Novarum, of Costa Rica, and the Sandinista Workers' Centre and the Confederación de Unificación Sindical, of Nicaragua, led to the creation of the Trade Union Centre for Migrants, which offers free legal and administrative assistance to all migrant workers seeking regularization and aims to combat trafficking in children by partnering with the local taxi drivers' union.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 60
- Paragraph text
- Migrant children have unique concerns in the context of trade, as they comprise a significant proportion of child labourers in informal sectors, as well as in the commercial sex industry. In 2010, in the context of the trade agreement between Panama and the United States, the National Bureau against Child Labour and for the Protection of Adolescent Workers was established within the Panamanian labour department. The partnership agreement between the members of the African, Caribbean and Pacific States and the European Union, also known as the Cotonou Agreement, provided for the creation of cooperative education programmes towards the elimination of child labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2016
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
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 42
- Paragraph text
- The Special Rapporteur stresses that development cannot be measured solely by economic gains but must also be evaluated against advancements in the social and cultural dialogue. Trade unions have been effective in facilitating the integration of migrants in countries of destination by fostering collective solidarity and establishing support networks. The European Trade Union Confederation established an online information resource and social network of trade union contact points for migrants across Europe (see www.unionmigrantnet.eu). In Canada, the United Food and Commercial Workers Union organized the Agricultural Worker Alliance, to establish 10 support centres across the country that aid migrant workers by: addressing abusive employers and hazardous workplace and housing conditions; assisting with medical treatment, workers compensation benefits and parental leave benefits; facilitating regularization processes; sponsoring courses on health and safety training and English as a second language; and providing scholarships to children of migrant workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 80
- Paragraph text
- General exception clauses have served as an effective means of advancing good-faith measures by States to pursue public welfare objectives. In the context of the General Agreement on Tariffs and Trade and WTO, States have already acknowledged that, without the introduction of appropriate safeguards and implementing national legislation, trade rules and policies can have an adverse impact on workers' rights. They have used exception clauses to address forced and child labour and introduce other protections by requiring the adoption of labour standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 94
- Paragraph text
- The detention of children, even for short periods, can have severe psychological consequences. It has been made clear by the Committee on the Rights of the Child and reinforced by other human rights mechanisms that immigration detention can never, ever, be in the best interest of a child and that the immigration detention of children, whether unaccompanied or together with their families, constitutes a violation of child rights. Consequently, both unaccompanied children and families with children should always benefit from 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
- 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. 99
- Paragraph text
- The Special Rapporteur noted, in recent international conversations, an increased focus on the return of migrants not benefiting from refugee protection. Certainly, refugees need protection in accordance with the 1951 Convention relating to the Status of Refugees. However, all migrants need the protection of their rights in accordance with international human rights law and international labour law, in particular in cases of detention, physical or mental abuse, labour exploitation, forced labour, return to torture, sexual and gender-based violence, separation of families, privacy and the protection of children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 104
- Paragraph text
- Special procedures and safeguards must be established for the return of unaccompanied or separated children. States should only return or repatriate unaccompanied children as a measure of protection - for instance, to ensure family reunification in cases in which it is in the child's best interest and after due process of law. Decisions on the return of unaccompanied children should be taken by child protection officers or - only in cases in which that is not possible - well-trained migration officials who understand children's rights and needs.
- 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
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 93
- Paragraph text
- When the age of the child is unknown, which is common when they are undocumented or coming from countries without robust birth registration systems, they are often detained until their age can be verified, which can take weeks or months. In some instances, while in detention, unaccompanied children live and sleep alongside adults, without any special accommodation made for their young age and without access to education. In others, families are separated in different sections of the detention facility according to age and gender.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 51
- Paragraph text
- Given the endemic power imbalances in the trade regime, it is not surprising that Governments have rarely brought forward labour cases in the context of trade and may even challenge them. The majority of cases end up stalled in administrative channels created under the trade terms. Very rarely, other outreach solutions have been identified to remedy violations of migrants' rights. NAFTA has an advanced dispute settlement mechanism, but the remedies available are illusory and beg the question of enforceability, since the North American Agreement on Labour Cooperation (NAALC), an accord parallel to NAFTA, only provides for binding remedies where an arbitral panel finds a violation relating to child labour, occupational health and safety, or minimum wages. Penalties are not imposed for labour standards violations and complaints rarely advance beyond the national administrative offices established to monitor NAFTA. In the so-called "Washington State apples case" (1998), when Mexican workers filed a complaint under NAALC alleging violations of their rights to unionize and bargain collectively, to protection from discrimination and to health and safety, and alleging that employers used threats and intimidation, the Washington State authorities established a complaints hotline in Spanish, produced Spanish-language information materials and recruited additional Spanish-speaking staff in the agriculture sector.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 46f
- 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:] Effective protection of the human rights of vulnerable groups, such as unaccompanied children, families with children, persons with disabilities and elderly migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 46b
- 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:] Development and implementation of rights-based alternatives to detention, especially for children and families with children;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 88
- Paragraph text
- The Special Rapporteur stresses that, upon arrival, all irregular migrants should have proper individual assessments carried out for all their human rights protection needs, and not only for those who are manifestly refugees and victims of trafficking: children, families with children, pregnant women, persons with disabilities or illnesses and elderly migrants also have need of protection. Quick screening processes should not increase the risk of refoulement for those needing protection.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 92
- Paragraph text
- Of particular concern is the frequent presence of children in detention. Children are usually afforded additional protections by States and, according to many national policies, should not be detained. However, the Special Rapporteur has witnessed detained children in all the countries he has visited, some of which have absurdly justified such detention by calling it protective custody.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 95
- Paragraph text
- Many rights-based alternatives to detention exist. A number of countries have moved towards open reception facilities, particularly for vulnerable migrants such as unaccompanied minors and families. However, prolonged immigration detention and its associated negative human rights consequences continue in many 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 54
- Paragraph text
- The Special Rapporteur is concerned that the respect, protection and fulfilment of economic, social and cultural rights remain too often elusive for migrants, especially low-wage workers or those in an irregular situation. States have not consistently established policies with corresponding accountability mechanisms that ensure the full range of economic, social and cultural rights for migrants, regardless of legal status. The Special Rapporteur is aware that many migrants are not able to access housing and, as a result, live in overcrowded or substandard housing. Migrants rarely have access to medical care and the necessary social services and benefits systems in transit or destination countries. Migrant children may be denied the right to attend school owing to their or their families' irregular status. In some cases, trade effects may result in environmental degradation or supply-chain offences such as trafficking, forced labour or child labour, which compel migrants to leave their country of origin.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 36b
- 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:] Developing rights-based alternatives to detention and expeditiously and completely ending the immigration detention of children and families;
- 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
- 2016
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 65
- Paragraph text
- The development of a human rights-based framework goes beyond protection at sea. Stepping up the creation of alternatives to detention, particularly for children, is another issue of concern that should also be a priority.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
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. 77
- Paragraph text
- By 2025, more than 20 per cent of European Union citizens will be over 65 years of age, with a particular increase in those over 85. The population of elderly people will almost double, from 87.5 million in 2010 to 152.6 million in 2060. It is also expected that the share of those aged 80 and over will rise from 5 to 12 per cent. At the same time, many member States have fertility rates below the rate of replacement. An average fertility rate of 2.1 children per woman is estimated to be necessary to keep the population at a stable size between generations in developed countries. United Nations population data suggests that between 2010 and 2015 all European Union countries will have had average fertility rates below the 2.1 mark with the regional average being 1.6.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Older persons
- Women
- 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. 22b
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (b) The work of FRONTEX Fundamental Rights Officer Inmaculada Arnaez Fernandez and her staff, which includes the establishment of a code of conduct for joint return operations, the Vega Children Handbook and the establishment of a mechanism for monitoring fundamental rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- 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. 45
- Paragraph text
- Alternatives to detention are being explored. For example, legal reforms in Italy have reduced immigration detention from 18 to 3 months and, in Greece, the Government has announced a policy change to reduce detention times and release significant numbers of detainees. A number of countries have moved towards more open reception facilities, particularly for vulnerable migrants such as children and families. Despite these welcome changes, prolonged immigration detention, and the associated negative consequences on the human rights of migrants, continues in many member 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
- Children
- Families
- 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. 44
- Paragraph text
- Of particular concern is the inclusion of children among detainees. Children are usually afforded additional protections by member States and, according to many national policies, are not supposed to be detained. However, if the age of the child is unknown, which is common among those without documents or coming from countries that do not have robust birth registration systems, they can be detained or kept in reception centres until their age can be verified. This can take weeks or months. In some instances, while in detention, children live and sleep with adults, without any special accommodation made for their young age and without access to education. In others, families are separated in different sections of the detention facility according to age and gender. The detention of children, even for short periods, can have severe negative psychological effects. It has been made clear by the Committee on the Rights of the Child that immigration detention is never ever in the best interest of the child and that families of migrants should not be separated. Hence, unaccompanied minors and families with children should always benefit from alternatives to detention.
- 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
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph