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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
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 77
- Paragraph text
- For example, the Special Rapporteur repeatedly witnessed inadequate procedures for detention, including the failure to respect legal, procedural and substantive guarantees, the detention of persons without prospect of removal, the detention of children, and an absence of alternatives to detention. Similarly, return procedures, particularly when facilitated through readmissions agreements, failed to provide the necessary safeguards.
- 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
- 2013
- 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
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. 112
- Paragraph text
- [To the European Union and its member States] In line with the best interests of the child principle, step up protections afforded to migrant children, particularly unaccompanied minors, and families with children. Aim to eradicate the detention of children completely and to respond adequately to the vulnerability of children in reception and social protection provisions. Age verification is not a justification for detention and member States should move towards a model that assumes vulnerability and responds by providing adequate protection, given the particularly damaging impact of even short periods of detention on children.
- 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 type
- Conclusion / Recommendation
Paragraph
Global migration governance 2013, para. 134e
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and States should consider raising the following issues:] Measures to ensure the effective protection of the human rights of children in States of transit and destination;
- 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
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 95
- Paragraph text
- Continue to work towards the elimination of child labour for migrant children. Enhance government oversight in industries where there are large numbers of migrant child labourers working in hazardous conditions, such as in domestic work and agriculture. Ensure that labour inspectors are trained and knowledgeable about child labour. Ensure that migrant children have access to education on the basis of equal treatment with nationals. Ensure that children of migrants are registered upon birth, regardless of the migration status of the parents.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 70
- Paragraph text
- Establish coherent and comprehensive gender-sensitive national migration policies addressing all stages of the migration process, coordinated across government and developed in widespread consultation with national human rights institutions, the private sector, employers' and workers' organizations, civil society and migrants themselves, and with the support of international organizations. Ministries responsible for, inter alia, health, education, employment, children and social policies should be fully involved in the elaboration of such migration policies. The policies should have a human rights-based approach, and should include ethical recruitment practices, effective implementation of labour standards for all migrant workers, meeting labour needs at all skills levels, and more effective matching of labour supply and demand.
- 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
- Children
- Persons on the move
- Year
- 2014
- 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
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 104
- Paragraph text
- States should uphold the principle of avoiding statelessness and enforce legal norms at the national and international levels to reduce statelessness resulting from the failure to register the birth of a child, including because of the fears associated with the criminalization of irregular migration. States should take effective measures to guarantee the birth registration of children born outside their parents' country of origin, regardless of the parents' immigration status.
- 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
- Infants
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Developing the Global Compact on Migration 2016, para. 123j
- Paragraph text
- [The global compact should:] Ensure that the detention of migrants is always a measure of last resort, permissible only when reasonable, necessary and proportionate, decided on a case-by-case basis, and enforced for the shortest possible period of time; develop rights-based alternatives to detention for most cases; and ensure that migrant children and families with children are never, ever, detained for reasons relating to their administrative immigration status.
- 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 type
- Conclusion / Recommendation
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. 88
- Paragraph text
- Claiming this leadership role involves the development of coherent and holistic human rights-based approaches that require short-, medium- and long-term interventions. It is vital that, in the short term, the European Union step up search and rescue operations, further explore alternatives to detention, particularly for children, start providing more resettlement opportunities for people from the Syrian Arab Republic and other countries, in line with its share of global resources, and take stock of the failing Dublin logic and the systemic pressures it is creating.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- 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
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 70
- Paragraph text
- States that have not done so should incorporate the applicable legal framework on human rights, the protection of the child, the protection of migrant workers and their families, the protection of asylum-seekers and refugees, the fight against transnational organized crime and the elimination of contemporary forms of slavery into their national laws and policies as well as into their bilateral, subregional and regional agreements for migration management.
- 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
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 84c
- Paragraph text
- [In particular, States should:] Implement intercultural policies aimed to raise children in an environment that accepts and values differences, discouraging racism and xenophobia and fostering children's participation in the design and implementation of such policies;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 91
- Paragraph text
- States should provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to housing. Irregular migrant families and their children should be provided with a minimum level of housing which ensures their basic needs. Throughout the process, the best interest of the child should be the paramount concern and the guiding principle.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 92
- Paragraph text
- States should rapidly identify unaccompanied migrant children without access to adequate housing and provide them with accommodation suitable to their needs and circumstances. States should also appoint guardians in order to prevent the social exclusion of these children and ensure that they have adequate access to basic services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- 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
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 93
- Paragraph text
- States should provide alternatives to detention for family groups when parents are detained on the sole basis of migratory status, keeping in mind the necessary balance between the need to protect family unity and the best interests of the child. In all decisions concerning children, the best interests of the child should be the primary consideration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 106
- Paragraph text
- The Special Rapporteur encourages the design and implementation of programmes for the sustainable return and reintegration of children, including alternatives to return on the basis of the best interest of the child.
- 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
- 2010
- 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. 93e
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] Ensure that child-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 children are identified and effectively mitigated;
- 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
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 81
- Paragraph text
- The detention of children and adolescents through border control measures, such as interception at sea, should be addressed through a child protection approach. Similarly, migration authorities responsible for the mistreatment of children should be held fully accountable.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 72h
- 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 does not allow for the detention of unaccompanied children and that detention of children is permitted only as a measure of last resort and only when it has been determined to be in the best interest of the child, for the shortest appropriate period of time and in conditions that ensure the realization of the rights enshrined in the Convention on the Rights of the Child. Children under administrative detention should be separated from adults, unless they can be housed with relatives in separate settings. Children should be provided with adequate food, bedding and medical assistance and granted access to education and to open air recreational activities. When migrant children are detained, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice should be strictly adhered to. The detention of children whose parents are detained should not be justified on the basis of maintaining the family unit: instead, alternatives to detention should be applied to the entire family;
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 92
- Paragraph text
- Promote viable alternatives to detention, and not insist on further entrenching detention as a migration control mechanism through support for expanded networks of detention centres. Detention should always be a measure of last resort, and children should never be detained.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 77a
- Paragraph text
- [States are particularly encouraged to:] Develop public policies to regularize non-documented migrants (especially children and their families) through flexible, permanent and regular legal avenues and by extraordinary regularizations aimed at contributing to the social integration of the large number of irregular migrants living in host societies;
- 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
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 77c
- Paragraph text
- [States are particularly encouraged to:] Consider creating regularization options for persons who may not fall under the international refugee regime but who may need to have their human rights protected and consider granting legal residence to children and adolescent victims of abuse and exploitation as a durable solution, in line with the best interests of the child;
- 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
- Adolescents
- Children
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph