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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
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
- 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
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40a
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Protect labour rights and promote safe and secure working environments for all workers, including migrants, especially women migrants, and those in precarious employment (target 8.8);
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- 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. 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
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
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
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Men
- Persons on the move
- Women
- 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. 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
- 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
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Persons on the move
- Women
- Year
- 2016
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
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
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. 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
Developing the Global Compact on Migration 2016, para. 8
- Paragraph text
- There are approximately 244 million migrants worldwide today - an increase of 41 per cent (71 million) since 2000. Most migrants originate from middle-income countries, with 59 per cent settling in developed regions, where they make up some 11 per cent of the population. Between 2000 and 2015, Asia received 1.7 million migrants per year, more than any other geographical region in the world, and is on track to overtake Europe as the area hosting the largest number of migrants in the near future. Women make up 48 per cent of all international migrants. In Europe and North America, the majority of migrants are female, while in Africa and Western Asia, the majority of migrants are male. Approximately 15 per cent of all international migrants are younger than 19 years of age.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
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
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 19
- Paragraph text
- As discussed below, economic exploitation of migrants can include charging large fees for recruitment services, which can force migrants into situations of effective debt bondage and forced labour; changing the terms of employment agreed in countries of origin; and facilitating employment in exploitative labour conditions. Recruitment is the first stage of the migration process. The already precarious situation of the migrant is aggravated by unethical recruitment practices of unscrupulous recruiters who focus on profit maximization at any cost. This contributes to millions of individuals being highly vulnerable to other multiple and severe abuses of their rights, including: trafficking; violence, including sexual violence, particularly directed towards women; restrictions of freedom of movement; racism and xenophobia; and denial of the right to remedy for violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
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
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
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
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
- 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
- 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
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
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
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 53
- Paragraph text
- Migrant women risk being the victims of multiple discrimination, both as women and as migrants. Migrant women tend to be employed in the shadow economy and in less skilled work than men, even though some are better qualified. They are generally more dependent on their employers, which puts them at greater risk of abuse and exploitation. Some countries set a minimum age for women to migrate, or ban low-skilled women from migrating, inter alia for domestic work. While this may be done with the intention of protecting women from abuse, this practice is not only discriminatory, it often leads women to resort to irregular migration, rendering them more vulnerable to abuse, which includes precarious working conditions, low pay and exposure to violence and forced labour. The Special Rapporteur has received information concerning requirements in some countries that women must obtain consent from their husband or legal guardian to migrate, and that they must indicate who will take care of their children while they are abroad. Such requirements do not seem to be in place for men.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 20
- Paragraph text
- The United Nations General Assembly, in its resolution 68/179, has requested all States "to enforce labour law effectively, including by addressing violations of such law, with regard to migrant workers' labour relations and working conditions, inter alia, those related to their remuneration and conditions of health, safety at work and the right to freedom of association". In the Declaration adopted by the General Assembly during the High-level Dialogue on International Migration and Development in October 2013, States agreed to (a) promote and protect effectively the human rights and fundamental freedoms of all migrants, regardless of their migration status; (b) protect women migrant workers in all sectors, including those involved in domestic work; (c) respect and promote international labour standards and the rights of migrants in their workplaces; and (d) cooperate on labour mobility programmes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
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
Human rights of migrants in the post-2015 development agenda 2014, para. 66
- Paragraph text
- Migration can contribute to gender equality and the empowerment of women by providing women migrants with the income, status, autonomy, freedom and self-esteem that come with employment. Studies have shown that temporary migration is associated with higher school enrolment for girls in countries of origin. Migration can contribute to gender equality and the empowerment of women by providing women migrants with the income, status, autonomy, freedom and
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 78g
- Paragraph text
- [A target on ending the worst forms of child labour and protecting the rights of and ensuring safe and secure working environments for all workers, including migrants, should include as indicators:] Proportion of low-skilled workers, especially women and child migrants, who are filing complaints of labour exploitation, and are obtaining compensation.
- 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