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Enjoyment of the rights to health and adequate housing by migrants 2010, para. 14
- Paragraph text
- Various treaty bodies have expressed concerns that migrants and their families are often subject to discrimination in practice in the areas of employment, housing, health care and education. In the wake of the global economic crisis, discrimination and xenophobia have increased, as has the corresponding negative impact on the enjoyment of human rights by migrants. Increasingly, States have enacted restrictive measures which adversely affect the enjoyment of the rights to health and adequate housing, arguably as a means of deterring irregular migrants and promoting "voluntary" returns to countries of origin. Such laws discriminating against migrants or programmes and policies which fail to address the specific needs and vulnerabilities of migrants often make it difficult for migrants to obtain access to basic services or permit access only at levels that do not meet international human rights standards.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 61
- Paragraph text
- The Special Rapporteur commends efforts undertaken by Governments to ensure migrants' access to economic and social rights, regardless of immigration status. For example, the Migration Law (Law 25.871 of 2004) of Argentina recognizes the State obligation to ensure equal access to, inter alia, shelter, social services, public goods, and health for migrants and their families, regardless of immigration status. In Spain, all migrants, regardless of immigration status, are also entitled to register in the local government's register, which is a requirement for, inter alia, having access to education and health care. It is worth noting that the content of the registration information is not shared with immigration authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Developing the Global Compact on Migration 2016, para. 11
- Paragraph text
- Many migrants move voluntarily in a safe and regular manner and live and work in conditions in which their labour and human rights are respected. In some circumstances, families are reunified. Others are forced to migrate as a result of push factors, including poverty, discrimination, violence, conflict, political upheaval and poor governance, and pull factors, including official or unacknowledged labour needs, as explained above, or for family reunification. Children are disproportionately represented among those forcibly displaced. In the context of natural disasters and climate change, migration is increasingly seen as an adaptation measure ensuring resilience through planned mobility. In the process of migration, many face exploitation, discrimination, abuse and other human rights violations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 56
- Paragraph text
- Trade agreements have also enhanced the portability of social security and other acquired rights, promoted the mutual recognition of diplomas, qualifications and skills, supported the education and training of migrants, and lowered the transfer costs of remittances. MERCOSUR guarantees migrants equal civil, social, cultural and economic rights and freedoms as nationals in the destination country, particularly the right to work and to carry out any legal activity. The Ibero-American Multilateral Agreement on Social Security, to which two European and 12 Latin American countries are signatories, covers all persons who have been subject to the social security legislation of any of the signatory States and their family members, and provides for cash benefits in the event of disability, old age, death of a family member and employment-related injury.
- Legal status
- Non-negotiated soft law
- 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
- Families
- Persons on the move
- Year
- 2016
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 49
- Paragraph text
- The Special Rapporteur wishes to draw the General Assembly's attention to the impact and consequences that immigration-related detention of adults may have on their children, particularly in connection with their rights to development, family life and mental health. In his view, adopting a child-rights approach, which considers the child's best interests, will require alternative policies to address the migration status of their parents, including measures that facilitate regularization, access to social rights and family unity, rather than resorting to the criminal justice system.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
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. 28
- Paragraph text
- The term "children left behind" refers to children raised in their home countries or in their countries of habitual residence who have been left behind by adult migrants responsible for them. The impact of migration on children left behind was difficult to measure. Many factors played a role in assessing how migration may affect the rights of children left behind. The inclusion of measures to promote family unity and facilitate the reunion of children with their parents in host countries was also necessary to address adequately the special needs and protection of children left behind. Many parents and other family members initially migrated without children, but subsequently planned to bring them to a host country.
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2011
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 56
- Paragraph text
- It is widely accepted that a healthy life is key to sustainable development. In the outcome document of the United Nations Conference on Sustainable Development, it is stated that health is a precondition for and an outcome and indicator of all three dimensions of sustainable development. The participants called for the full realization of the right to the enjoyment of the highest attainable standard of physical and mental health and for all workers to be provided with the necessary social and health protections. Research shows that migrants are able to improve the health standards of their families and that those involved in temporary migration are able to share health-improving practices with their families and local communities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 59
- Paragraph text
- The goal needs to ensure that all migrants and members of their families, irrespective of their status, have equal access to adequate, affordable, accessible and quality health care, including mental health care.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- 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. 37
- Paragraph text
- Migrants may be more vulnerable to poor health by virtue of their often low socio-economic status, the process of migration and their vulnerability as non-nationals in the new country. The mental health of migrants was also an issue of concern, as factors such as social isolation caused by separation from family and social networks, job insecurity, difficult living conditions and exploitative treatment could have adverse affects. The processes of migratory movement may also have a significant negative impact on the health of migrants before they arrived in the host country.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
Paragraph
Developing the Global Compact on Migration 2016, para. 64
- Paragraph text
- The Special Rapporteur recommends that States develop and incentivize accessible, regular, safe and affordable migration channels at all skill levels and consider a variety of options for regular migration, such as humanitarian visas, temporary protection, family reunification, work permits at all skill levels, as well as for migration for job seeking, student mobility and medical evacuation. States can also increase the number of migrants admitted under existing regular migration schemes, including for seasonal workers and student visas.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 56
- Paragraph text
- The right to adequate housing is specifically guaranteed to children under article 27 of the Convention on the Rights of the Child, which recognizes the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. Where necessary, States are also obliged to provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to nutrition, clothing and housing. This right is not limited to children who are nationals, but extends to all children, including asylum-seeking, refugee and migrant children, irrespective of their nationality, immigration status or statelessness.
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 58
- Paragraph text
- The stark reality is that this right remains unfulfilled in many parts of the world, often owing to the higher risk of poverty experienced by migrant children as compared to national children. A study shows that migrant children are more likely than national children to live in overcrowded housing, which may have a negative impact on their development. The concern is heightened with respect to irregular migrant children, whose right to adequate housing is dictated by the conditions of social exclusion that their families are subjected to. The lack of access to adequate housing for irregular migrant parents means that their children are deprived of housing as well. The Special Rapporteur has also been informed of cases where the authorities are willing to provide housing assistance to irregular migrant children, but not to their families. This gives rise to difficult situations where children must either choose to live with their families at risk of homelessness, or separate from them to receive housing assistance.
- Legal status
- Non-negotiated soft law
- 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
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 59
- Paragraph text
- Further, concern is expressed in particular with respect to independent, unaccompanied migrant children. Unaccompanied children are particularly vulnerable to social exclusion and often have limited access to housing, due to the absence of adults' assistance either via social networks or housing markets. Thus, independent and unaccompanied migrant children are more likely to be homeless or to live in collective dwelling or temporary homes of lower quality, such as shacks and rooms, compared to national children or migrant children with parents or guardians. A study conducted by the United Nations Children's Fund (UNICEF) shows that the vast majority of independent migrant children in developing countries often sleep on the streets and in markets, shop fronts and kiosks, which exposes them to inadequate sleep, sexual harassment, robbery and assault. Even where unaccompanied children are provided with housing by the State, they are often accommodated in hostels or bed and breakfast accommodation, which may not be a suitable environment for children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Recapitulation of main thematic issues (irregular migration and criminalization of migrants; protection of children in the migration process; the right to housing and health of migrants) 2011, para. 19
- Paragraph text
- Recalling the obligation of States to protect the rights of the child at all stages of the migration process, the Special Rapporteur considered the specific protection needs and vulnerability of children in the migration process. He identified three categories of children affected by migration: children "left behind", children "on the move", and migrant children in host countries. While noting that the impact of migration on children left behind by adult migrants responsible for them is difficult to measure, the Special Rapporteur stressed the necessity of promoting family unity and reunion with family members in host countries. Children moving across borders migrate with family members or independently, often for education or employment opportunities, but also forcibly, when falling victim to organized crime networks. These children, in particular when unaccompanied or undocumented, need specific protection against sexual violence, deportation and repatriation, unlawful and arbitrary deprivation of liberty. With respect to children in host countries, the Special Rapporteur indicated two areas where enhanced efforts by States are needed: protection from transnational organized crime and ensuring the full enjoyment of human rights by children of a migrant background. Major challenges in the protection of children during migration include the lack of child-specific provisions, and the lack of distinction between adult and child migrants, in national migration laws and policies and the particular vulnerabilities of the girl child and children in irregular migration. To assist States in addressing these and other pertinent issues, the Special Rapporteur presented a number of recommendations for further consideration and action.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 103
- Paragraph text
- In response to the need for better qualitative and quantitative data on human rights, OHCHR has developed a methodology for developing human rights indicators, collecting and disaggregating data at the global and national levels, which could ensure that migrants are neither excluded from disaggregation, owing, among other things, to their status as non-nationals, nor "left until last". OHCHR recommends the development of structural, process and outcome indicators. This configuration of indicators should help to assess the steps being taken by States to address their obligations - from commitment to and acceptance of international human rights standards and adoption of laws and regulations (structural indicators), to how they have been implemented through policies, programmes and budget allocations (process indicators) and to their results from the perspective of migrants and members of their families (outcome indicators). OHCHR is working with the Global Knowledge Partnership on Migration and Development, the United Nations Children's Fund and the International Labour Organization to develop human rights indicators relevant to migrants, which should be used to inform the post-2015 agenda.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 49
- Paragraph text
- Many temporary migrant workers are filling permanent labour needs, while others perform seasonal work, including in agriculture or tourism, which may amount to "circular" migration when the migrant returns year after year. Temporary migration is frequently discussed in international forums, such as the Global Forum on Migration and Development, as something uniquely positive. However, temporary migration programmes can have very negative consequences in terms of human rights, including access to economic and social rights, the right to family life and protection from exploitation. Generally, such programmes do not give migrants the right to free choice of employment, which makes them become dependent on their employer and vulnerable to abuse. Additionally, temporary migrants usually do not have access to welfare benefits given to long-term residents, and may be excluded from wage protection and social security programmes, including health insurance and employment injury coverage. As a result, temporary migrants often live in substandard housing or makeshift accommodation. States often restrict the rights of temporary migrant workers to family reunification and vocational training. Temporary migration programmes are inflexible to the needs of migrant workers, and give unequal power to the employer. As temporary migrant workers spend a short time in a specific area, they may find access to legal services and the judicial system difficult, inter alia due to lack of knowledge of the local law, language barriers, cultural isolation, their precarious migration status, as well as restricted right to organize. In particular, farm work, which is frequently seasonal and performed by temporary/circular migrant workers, is in some countries excluded from labour laws. This makes it very difficult for migrant farm workers to enforce their rights or improve their working conditions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Detention of migrants in an irregular situation 2012, para. 39
- Paragraph text
- Furthermore, the Convention provides that in any action taken by States concerning children, the best interests of the child shall be a primary consideration (art. 3). It also sets forth the right for children not to be separated from their parents against their will (art. 9); and the obligation of States to take appropriate measures to ensure that minors who are seeking refugee status or who are recognised refugees, whether accompanied or not, receive appropriate protection and assistance (art. 22).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2012
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.
- Legal status
- Non-negotiated soft law
- 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. Indicator (d)
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Significant investment is made in mechanisms for providing information and education on a culture of diversity, the focus of which is to create awareness of the cultural, social and economic contributions of migrants, support the reintegration of migrants and their families into their countries of origin, empower marginalized groups, including migrants, in the social, political and economic fields, and empower migrants to combat all forms of discrimination, labour exploitation, abuse, xenophobia, violence and related intolerance.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 35
- Paragraph text
- In general, the constraints on the rights of adult migrants immediately have an adverse impact on the rights of their children, and in the long term, may inhibit the children's development. Reports suggest that poor working and economic conditions for migrant adults affect the general health and welfare of their children, as manifested in the birth of premature babies and increased risks of serious illness or death. Further, where migrant parents are deprived of health care, their children will also likely be deprived of such care.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2010
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 60
- Paragraph text
- The impact of prolonged detention, coupled with the frequently inhuman detention conditions (namely, overcrowding, unsanitary personal hygiene facilities and kitchens and insufficient access to health care, family members, lawyers, international or civil society organizations and physical and recreational activities), has a devastating effect on the physical and mental health of migrants. Long periods of immigration detention can also lead to sustained barriers to the ability of migrants to claim their economic and social rights, even after having been released.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- 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
- Legal status
- Non-negotiated soft law
- 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
Global migration governance 2013, para. 28
- Paragraph text
- All migrants, without discrimination, are protected by international human rights law. There are very few and narrowly defined exceptions to this, namely the right to vote and be elected and the right to enter and stay in a country. Even for those exceptions, procedural safeguards must be respected, as well as obligations related to non-refoulement, best interests of the child and family unity. All other rights extend to all migrants, whatever their administrative status. Any distinction must be proportionate, reasonable and serve a legitimate objective: the two human rights covenants (International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights) explicitly refer to "national origin" as a prohibited ground of discrimination in the enjoyment of civil, political, economic, social and cultural rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph
Developing the Global Compact on Migration 2016, para. 90
- Paragraph text
- Additionally, there are human rights concerns relating to the impact of detention. Prolonged detention without a legal basis has been shown to have a devastating effect on the physical and mental health of migrants and asylum seekers, for example by contributing to post-traumatic stress disorder, anxiety and depression. This is frequently compounded by unacceptable conditions of detention, such as overcrowding, unsanitary toilet and shower facilities and unhygienic kitchens, as well as by scarce access to health care, family members, lawyers, international or civil society organizations, or physical and recreational activities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 24
- Paragraph text
- The mental health of migrants is also an issue of concern, as factors such as social isolation caused by separation from family and social networks, job insecurity, difficult living conditions and exploitative treatment can have adverse affects. While better economic opportunities may result in positive effects on migrants' mental health, other reports indicate that migrants suffer a higher incidence of stress, anxiety and depression than residents. Further concerns are expressed about the mental health of migrants in detention, in particular with regard to the lack of access to mental health care and services, and inadequate allocation of resources to treat mental health ailments while in detention.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 36
- Paragraph text
- The legal status of migrant parents may also affect access to health care by migrant children. While some migrant children may be citizens of the host country by virtue of jus soli, they may still face obstacles in accessing health care, in particular if their parents are migrants in irregular situations and therefore reluctant to seek health care for fear of their immigration status being detected. Similarly, many children in irregular situations are not enrolled in schemes for low-income migrant children that provide health care regardless of ability to pay, because their parents are reluctant to approach the social services for fear of being reported to the authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
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. 45
- Paragraph text
- Women faced significant barriers in accessing adequate housing due to discrimination and migrant women were subject to multiple forms of discrimination, given their marginalized status in societies. Migrant children were also more likely than other children to live in overcrowded housing, which had a negative impact on their development. The concern was heightened with respect to irregular migrant children, whose right to adequate housing was dictated by the conditions of social exclusion that their families to which were subjected. The lack of access to adequate housing for irregular migrant parents meant that their children were deprived of housing as well.
- Legal status
- Non-negotiated soft law
- 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
- Families
- Persons on the move
- Women
- Year
- 2011
Paragraph
Detention of migrants in an irregular situation 2012, para. 60
- Paragraph text
- Periodic reporting to State officials, in person or by phone, can be used as an alternative measure to detention. The frequency of such reporting can vary from daily to weekly or less frequently. Reporting requirements should not be excessively difficult to comply with or restrictive of liberty or privacy, and should take into account the particular circumstances of the individual, such as their family situation, residential situation, employment situation and financial means. A requirement to report frequently in person may amount to a limitation on an individual's right to freedom of movement. A requirement to report daily or to travel excessive distances for reporting purposes could interfere with work or other obligations, and therefore not be proportionate to the objectives.
- Legal status
- Non-negotiated soft law
- 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
- Families
- Year
- 2012
Paragraph
Developing the Global Compact on Migration 2016, para. 37
- Paragraph text
- Smugglers and exploitative employers are currently facilitating the labour mobility that many labour markets need in order to thrive. Through creative visa opportunities for work at all skill levels, including for low-wage migrants, States could considerably reduce the number of migrants arriving through irregular means or overstaying their visas or permits. Coupled with entry and exit controls and other supporting initiatives, multi-year and multi-entry visas could incentivize migrants to come to countries of destination for work and return to the country of origin while respecting visa conditions. Encouraging mobility, including for employment, family reunification and education, will reduce irregularity.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 27
- Paragraph text
- Although the economic incentives to migrate are diverse and, for many, very strong, they are constantly evaluated and scrutinized by potential migrants. It is true that most migrants try to go to countries where there are jobs and where they can start integrating into society and creating a future for themselves and their families. It is equally true that prime destination countries have jobs available for migrants in the official or underground labour markets. Migrants respond to the demand for labour, and, under normal circumstances, when demand declines in a particular area, so does migration to it.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
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