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Detention of migrants in an irregular situation 2012, para. 72i
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that legislation prevents trafficked persons from being prosecuted, detained or punished for illegal entry or residence in the country or for the activities they are involved in as a consequence of their situation as trafficked persons. In this respect, the Special Rapporteur invites States that have not yet done so to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;
- 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
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 73
- Paragraph text
- The Special Rapporteur would like to remind Governments that alternatives to detention should not become alternatives to unconditional release, whenever such release is a possibility. Governments should put in place safeguards to ensure that those eligible for release without conditions are not diverted into alternative measures. Alternatives to detention should have a human rights-based approach, be established by law, be non-discriminatory and be subject to judicial review and independent monitoring and evaluation. In designing alternatives to detention, Governments should pay attention to the specific situation of particular groups of migrants, such as children, pregnant women and persons with disabilities, and use the least intrusive measure possible.
- 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
- Persons with disabilities
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 71
- Paragraph text
- As a matter of fundamental principle, States should fulfil the "minimum core obligation" to ensure the satisfaction of minimum essential levels of primary health care as well as basic shelter and housing for all individuals within their jurisdiction, regardless of their citizenship, nationality or immigration status, including migrants, migrants in irregular situations, migrant children and women. In times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 79
- Paragraph text
- States should provide appropriate training to civil servants working in the area of migration and health and sensitize them on the issues of discrimination against migrants, particularly with respect to migrant women and girls and children. States must ensure that migrants are not denied access to health care due to uncertainty among public service providers, such as nurses and doctors, about what the law allows them to do for migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 80
- Paragraph text
- The Special Rapporteur encourages the establishment and implementation of institutionalized services and programmes to provide comprehensive support and protection to persons arriving in mixed migratory flows, especially women, children and the elderly, including means to detect those who are in need of international protection. Protection services should include access to humanitarian assistance in the first instance, including adequate food and water, and access to health services, legal advice and effective asylum procedures. Longer term needs should include access to durable solutions in the case of persons in need of international protection and support for return to the community of origin for those people who are deemed able to return with no risk to their human rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 91
- Paragraph text
- The Special Rapporteur recognizes that while no place will be protected from the impacts of climate change, already fragile environments are most vulnerable, including in particular, megadeltas, small island developing States, low-lying coastal zones, arid areas, polar regions, and places affected by sudden and extreme natural disasters. Particular groups living in these high-risk areas may thus be more affected than others, as will societies that are highly dependent on the environment for their subsistence needs. However, vulnerabilities may be exacerbated by political and social factors, with specific groups such as women, children, minority groups and indigenous peoples, often particularly vulnerable to the effects of climate change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 82
- Paragraph text
- In view of the specific health risks to which migrant women and girls are exposed, the gender dimension often involved in migration and the structural power relationships which frequently govern women's access to health care, States should provide adequate, appropriate and specialized medical assistance to migrant women and girls. States of origin should also provide free or affordable gender-sensitive pre-departure information and training programmes which raise migrant women's and girls' awareness of potential risks to their health.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- 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
Labour exploitation of migrants 2014, para. 66
- Paragraph text
- Migrants, especially those with a precarious residence status, are vulnerable to labour exploitation. Certain categories of migrants are more vulnerable to such exploitation, including temporary migrant workers, migrant domestic workers, women, children and migrants in an irregular situation. Access to an effective remedy for rights violations may be very difficult or impossible.
- 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
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 123i
- Paragraph text
- [The global compact should:] Ensure a robust gender analysis of the difference in the impacts of policies on men and women, with special attention to the ways in which restrictions on women's mobility as a means of protection violate their rights and create favourable conditions for smuggling networks to thrive, including the use of a gender lens at all stages and in all aspects of the discussion as specific consideration of gender in the context of bilateral agreements, detention/deportation and readmission/repatriation is also crucial;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Men
- Women
- Year
- 2016
- 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
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 that strong gender analysis is included within all laws and policies to ensure protections for the additional vulnerability of many female migrant workers. Such protections should, however, never limit the economic opportunities or freedom of movement of women
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 69
- Paragraph text
- States should effectively promote and protect the human rights and fundamental freedoms of all migrants, especially the rights of women and children, regardless of their immigration status, in conformity with the Charter of the United Nations and international human rights law and standards.
- 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
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 94
- Paragraph text
- Repeal sex-specific bans and discriminatory restrictions on women's migration on the basis of age, marital status, pregnancy or maternity status. Prohibit by law mandatory pregnancy testing and deportation of women migrants who are pregnant. Take all the necessary measures to combat gender-based violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 73
- Paragraph text
- States should collect disaggregated data and develop indicators on access to the rights to health and adequate housing by all individuals, paying particular attention to vulnerable groups such as migrants in irregular situations, migrant children and women. The indicators should form the basis of rights-based interventions designed to promote access to the rights to health and adequate housing by all.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93d
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] Ensure that gender-specific considerations are adequately integrated into the development of such human rights impact assessments so that the impact of trade agreements on the human rights of migrant women and men are identified and effectively mitigated;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Men
- Persons on the move
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 123g
- Paragraph text
- [The global compact should:] Ensure, in all discussions relating to migration policies and practices, the participation of key United Nations agencies already working on migration issues, including OHCHR, ILO, UNHCR, UN-Women, UNODC, UNICEF and WHO, as well as United Nations human rights mechanisms, experts and civil society organizations;
- 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
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 80
- Paragraph text
- In view of the fact that migratory processes and living conditions of migrants in host States may have negative effects on their mental health, States should ensure that migrants' access to health care includes mental health care. In this regard, States should pay particular attention to improving the mental well-being of migrants by creating services that are integrated and appropriate to their needs. Further studies into the mental health needs of migrants, which recognize the crucial interrelationship between social circumstances and mental health and help provide an insight into relevant mental health care and assistance, in particular to migrant women, migrant children and migrants in detention, are required.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 140
- Paragraph text
- The Special Rapporteur urges the Human Rights Council to mainstream the human rights of migrants in all its work, whenever relevant, and deal with the human rights of migrants in its annual panel discussions on, inter alia, the rights of the child and women's 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
- Persons on the move
- Women
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72g
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Giving particular attention to the situation of women in detention, ensuring that they are separated from men, and attended and supervised only by women officers, in order to protect them against sexual violence, and avoid the detention of pregnant women and breastfeeding mothers;
- 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
- Men
- Persons on the move
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.3.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Respect and protect the human rights of all migrants at borders, both at entry and return, with special attention paid to vulnerable groups, such as unaccompanied children, families with children, pregnant women, persons with disabilities, asylum seekers, refugees, potential victims of trafficking and elderly migrants
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
- Paragraph type
- Goal
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (i)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Number of low-skilled workers, especially migrant women and children, who file complaints of labour exploitation and obtain compensation;
- 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
- Women
- Year
- 2017
- Paragraph type
- Goal
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 29
- Paragraph text
- Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees the right to access health-care services, including family planning services, on a basis of equality of men and women. This provision is particularly pertinent, as migrant women and girls face specific challenges in the field of health. They may be subject to sex- and gender-based discrimination, such as mandatory HIV/AIDS, pregnancy or other testing without their consent, as well as sexual and physical abuse by agents and escorts during transit. In host States, many female migrants are employed in relatively low-skilled jobs within the manufacturing, domestic service or entertainment sectors, often without legal status and little access to health services. They are often subject to exploitation and/or physical and sexual violence by their employers or clients. They may be particularly vulnerable to HIV and have few alternative employment opportunities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- Paragraph type
- Other
Paragraph
Detention of migrants in an irregular situation 2012, para. 37
- Paragraph text
- The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), which supplement the Standard Minimum Rules for the Treatment of Prisoners, provide that account shall be taken of the distinctive needs of women prisoners. Inter alia, the accommodation of women prisoners shall have the facilities and materials required to meet women's specific hygiene needs; the health screening of women prisoners shall determine, inter alia, mental health-care needs, including post-traumatic stress disorder and risk of suicide and self-harm; the reproductive health history of the woman, including current or recent pregnancies, childbirth and any related reproductive health issues; and sexual abuse and other forms of violence that may have been suffered prior to admission. The Bangkok Rules furthermore provide for gender-specific health care, individualized, gender-sensitive, trauma-informed and comprehensive mental health care and rehabilitation programmes for women with mental health-care needs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2012
- Paragraph type
- Other
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 20
- Paragraph text
- However, the Special Rapporteur notes that this focus on migrants who undertake irregular border crossings has significant relevance, as this is where the most egregious human rights abuses appear to take place. Of the utmost concern are the deaths of irregular migrants attempting to cross into the European Union. Other concerns are the mistreatment of migrants at the border, including practices which infringe their liberty and security, and detention regimes on both sides of the border that fail to adequately respect minimum human rights standards. Furthermore, even before crossing the border to the European Union, whether by sea or by land, migrants are often exposed to serious risks of abuse and exploitation en route, including by smugglers. This is particularly true for women and girls who wait in transit countries and who may be exposed to sexually based violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 58
- Paragraph text
- The Special Rapporteur stresses that the services sector constitutes the largest employer for women worldwide and believes that well-facilitated and regulated migration can offer women unprecedented opportunities for financial independence and upward mobility. It is promising that regional agreements such as COMESA have prompted the elimination of discriminatory national legislation against women.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Women
- Year
- 2016
- Paragraph type
- Other
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 63
- Paragraph text
- Migrants face discrimination and exploitation in the workplace and sometimes experience forced labour. They often find themselves in debt bondage as a result of exorbitant recruitment fees. Nevertheless, migrants most often do not seek redress for the violations of human rights and labour standards that they suffer, owing to their limited command of the local language, their lack of knowledge of the laws and systems, cultural barriers and the fear of detection, detention and deportation. This holds especially true for the most precarious migrants, including undocumented migrants, temporary migrant workers in sponsorship programmes and live-in migrant domestic workers, most often women.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
- Paragraph type
- Other
Paragraph
Detention of migrants in an irregular situation 2012, para. 36
- Paragraph text
- Women migrants who are detained are vulnerable to sexual violence, which may be committed by male detainees or guards. They should therefore be separated from men and be guarded by female warders. Pregnant women who are detained have particular needs. Article 12, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women and the Committee's general recommendation No. 26 (2008) on women migrant workers require States parties to ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period. The UNHCR Revised Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers (hereinafter, the UNHCR guidelines) affirm that as a general rule, the detention of pregnant women in their final months and nursing mothers should be avoided.
- 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
- Persons on the move
- Women
- Year
- 2012
- Paragraph type
- Other
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 28
- Paragraph text
- Development targets that pay no attention to which groups are being left behind can be met without having any real impact on ensuring a more equal and just world. The focus should not be on simply reducing the cost and increasing the flow of remittances, but rather on the human cost of migration. In many countries, the most marginalized and exploited migrants are those who are in an irregular situation, have a precarious labour contract, are low-skilled, are children or adolescents, are women, in particular in domestic work, or are working in the construction, hospitality, extraction, fishing and agricultural sectors. Such migrants experience multiple forms of discrimination, on the basis of nationality, legal status, sector of work, sex, age and ethnic, linguistic or religious identity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph
Labour exploitation of migrants 2014, para. 31
- Paragraph text
- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, requires States parties to prevent and criminalize trafficking, and to protect victims. The definition of trafficking includes the recruitment, transportation or receipt of persons by means of the threat or use of force or other forms of coercion, fraud or deception, to achieve the consent of a person having control over another person, for the purpose of exploitation, including forced labour, slavery or servitude.
- 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
- Children
- Women
- Year
- 2014
- Paragraph type
- Other
Paragraph