Search Tips
sorted by
30 shown of 64 entities
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
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
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Women
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Women
- Year
- 2014
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 39
- Paragraph text
- Female migrant workers engaged in domestic services were one of the most vulnerable groups of migrant workers. There appeared to be a widespread pattern of physical, sexual and psychological abuse of migrant domestic workers, and they were also often exposed to health and safety threats without being provided with adequate information about risks and precautions. Migrant women and girls also often experienced different and more problematic pregnancy and gynaecological health issues, compared to the host population.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2011
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 31
- Paragraph text
- Migrant women and girls also often experience different and more problematic pregnancy and gynaecological health issues, compared to the host population. Many arrive from countries with poor sexual and reproductive health services or information, including on family planning, or with little knowledge or experience in such services. Consequently, the rate of unwanted pregnancies among migrant women and girls may be high and they may be more exposed to risks of deportation or coercive abortion than women from the host country. Indeed, owing to the persistent discrimination against pregnant women, the number of requests for abortion in populations of migrant women and girls may be up to three to four times higher than that of host populations. Additionally, the absence of prenatal care may contribute to the high incidence of premature births, preeclampsia, and other complications among migrant women and girls. In some countries where citizenship is granted based on the jus soli principle (birthright citizenship), several obstacles and limitations have been put in place, intended to prevent migrant women from giving birth in the host country and thus acquiring citizenship for their children. Moreover, pregnant migrant women may be obliged to pay hospital fees based on their nationality or immigration status in cases where nationals do not have to pay. Particular concern is raised in relation to pregnant migrant women and girls in irregular situations who are charged for services rendered other than on an emergency basis.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 55
- Paragraph text
- The Special Rapporteur also recalls the linkage between violence against women and the right to adequate housing. Many migrant women are vulnerable to various forms of violence, including domestic violence, sexual abuse and harassment, physical violence and forced evictions. Such violence is a serious concern for migrant domestic workers, whose options are effectively reduced to either enduring violence or reporting it to the authorities, thereby risking homelessness and eventual loss of employment and deportation. Further, migrant women at risk of homelessness are made even more vulnerable to further violence, such as sexual exploitation and trafficking.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 68b
- Paragraph text
- [Targets should focus on:] Ensuring equal employment opportunities for women and equal pay for equal work for all, including migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 68d
- Paragraph text
- [Targets should focus on:] Eliminating all forms of discrimination against women and girls, including migrants, irrespective of their status and circumstances;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 50
- Paragraph text
- Migrant domestic workers, the majority of whom are women and girls, are extremely vulnerable to violence and abuse. ILO Convention 189 on decent work for domestic workers clearly recognizes domestic work as work. However, in many countries, domestic workers are not recognized as "workers", and thus not protected by labour law. As a consequence, they have no labour rights, no annual leave, no established working hours and no minimum salary. They are sometimes also excluded from rights relating to social security laws. Some countries rely on domestic work to be regulated by the work contract only, rather than by law. However, it is difficult for migrant domestic workers to claim their rights when their work is frequently considered informal, and not regulated by law. If the employer has diplomatic immunity, this renders the domestic worker even more vulnerable, due to the possible scope of the employer's immunity from criminal prosecution and civil claims.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 21
- Paragraph text
- Responsible recruitment agencies charge fees for their services not to the workers but to the employer, in a business-to-business transaction. Migrants often seek work abroad because of their desire to overcome poverty and a lack of decent work opportunities in countries of origin. The decision to migrate can often be driven by extremely difficult economic circumstances and/or a shock, such as loss of land and/or employment, debt reaching unsustainable levels, family breakdown, the loss of a spouse, and/or family illness. Research undertaken by the ILO suggests that women sometimes have a less favourable socio-economic status and discrimination in countries of origin, meaning they therefore enter the migration process in the most precarious positions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 53
- Paragraph text
- Women face significant barriers in accessing adequate housing due to discrimination and migrant women are subject to multiple discrimination given their marginalized status in societies. Labour market opportunities for women from developing countries are often skewed towards care activities, domestic work and the informal sector, which often provide very low wages and labour protections. Clearly, the resultant low socio-economic status of migrant women adversely affects their access to housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 67
- Paragraph text
- Migrants may be more vulnerable to poor health by virtue of their often low socioeconomic status, the sometimes harrowing process of migration and their vulnerability as non-nationals in the new country. The mental health of migrants is an issue of concern, with factors such as human rights violations before or during the migration process, social isolation caused by separation from family and social networks, job insecurity, difficult living conditions, detention and exploitative treatment potentially having adverse effects. Migrant women and girls often experience more problematic pregnancy and gynaecological health issues as compared with the host population. Those working in domestic services face widespread physical, sexual and psychological abuse and thus require urgent health care and protection. Access to health care for migrants and the level of such care, however, varies enormously, depending on State policies and the immigration status of the migrant.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Girls
- Persons on the move
- Women
- Year
- 2017
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 59
- Paragraph text
- Women, particularly those in the care sector, are especially vulnerable to exploitation and abuse, as they work in physical and social isolation. Men too may experience abuse and exploitation, in sectors such as construction and agriculture. The Special Rapporteur believes in the importance of trade agreements providing all migrants with the opportunity to seek redress for human rights and labour standards violations, without fear of detection, detention and deportation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Men
- Persons on the move
- Women
- Year
- 2016
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 54
- Paragraph text
- In some occupations, such as domestic work, women migrant workers may be provided with housing by their employers or legally required to live with them as part of the conditions for their visa sponsorships. However, numerous reports indicate that the housing conditions of domestic workers are often grossly inadequate, without running water or adequate sanitary facilities. Such workers may also have no privacy and may be forced to sleep on the kitchen or bathroom floor, which degrades the workers' dignity and leads to psychological abuse. Even in such situations, migrant women would be reluctant to complain about the housing conditions for the fear of the loss of employment and forced evictions, thereby perpetuating the violations of their right to adequate housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- 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. 119
- Paragraph text
- Furthermore, the integration of IOM into the United Nations system must include a deepening of the cooperation between IOM and all other relevant United Nations entities and agencies working on migration, in particular those that have a defined protection mandate, such as OHCHR, UNHCR, ILO, the United Nations Office on Drugs and Crime (UNODC), the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the World Health Organization (WHO) and the United Nations Children's Fund (UNICEF). IOM must also develop very clear mechanisms for collaboration and coordination with civil society.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Persons on the move
- Women
- Year
- 2016
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 69b
- Paragraph text
- [Indicators should include the proportion of:] Migrant women who have experienced psychological, physical and/or sexual violence, during the past year or their lifetime, by severity of violence, relationship to perpetrator, migration status and frequency;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Detention of migrants in an irregular situation 2012, para. 42
- Paragraph text
- Victims of trafficking may violate immigration laws and regulations, inter alia relating to irregular entry or use of false documents. However, the Special Rapporteur would like to stress that victims of trafficking should be recognized as victims, and should not be held responsible for the acts of their traffickers. The fear of being detained, often seen as a prelude to being returned to their country of origin and finding themselves again at the mercy of their traffickers, may prevent victims of trafficking from seeking protection, assistance and justice. The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, urges States to consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases (art. 7, para. 1). The Recommended Principles and Guidelines on Human Rights and Human Trafficking request States to ensure that trafficked persons are not, in any circumstances, held in immigration detention or other forms of custody; and that they are not detained, charged or prosecuted for the illegality of their entry or residence or for their involvement in unlawful activities which are a direct consequence of their situation as trafficked persons. The Special Rapporteur on trafficking in persons, especially women and children, has also stated that trafficked persons should not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination (see A/64/290).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 32
- Paragraph text
- The protection of the child during migration demanded the consideration of issues related to irregular migration, since they affected the child's enjoyment of human rights. The protection of children during migration necessarily implied a gender dimension, since women and girls accounted for almost half of international migrants, and girls migrating either on their own or accompanied are vulnerable to sexual violence and gender-based human rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2011
Paragraph