Astuces de recherche
Climate change and migration 2012, para. 57
- Paragraph text
- The Special Rapporteur notes further the obligation to provide humanitarian relief to persons affected by climate change. Such assistance should support environmentally induced migrants around the time of their displacement and may take different forms, either as an emergency response to a sudden disaster, or planned in advance to accompany steady movements of migrants or to assist resettlement. Humanitarian relief should aim at ensuring the most basic rights of environmentally induced migrants, be premised on human rights principles and pay due regard to the fundamental principles of non-discrimination, participation, empowerment and accountability.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96i
- Paragraph text
- [Indicators for such a target should include:] Capacity-building for the collection, dissemination and use of disaggregated data on the situation of migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 46
- Paragraph text
- Through resettlement programmes for refugees and the provision of humanitarian visas and other opportunities, it is well within the means of States to develop the mechanisms necessary for providing resettlement opportunities to refugees. A worldwide, well-governed distribution key that provides resettlement programmes for refugees and humanitarian visas and other opportunities will create a reliable long-term programme and ensure that a large number of refugees will seek resettlement rather than spend large sums of money and risk their lives and those of their children in smuggling operations. This would considerably reduce the market for smugglers, as well as the cost of refugee status determination procedures in the countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
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. 123
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Develop better policy coherence between the work of the different Directorate Generals of the European Commission in relation to migration. Aim to connect the humanitarian work of the Directorate General for Humanitarian Aid and Civil Protection, with the broader work of the Commission on migration, particularly the Directorate General for Migration and Home Affairs.
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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. 28
- Paragraph text
- Commonly, boats carrying migrants to the European Union leave from: Egypt and Libya when using central and eastern Mediterranean channels; Morocco and Tunisia when using the western Mediterranean; and Turkey when using the Aegean Sea route. Many migrants have come an extremely long way, including from sub-Saharan countries and countries in the Middle East, to make these journeys. Migrants travelling through the Sahara are subjected to horrific treatment, including rape and other forms of violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Make easily available all the services necessary for ensuring effective access to justice for all migrant workers, such as legal aid, interpretation and translation services, information about rights and available remedies, as well as humanitarian visas to return to destination countries to testify and otherwise pursue justice. Bilateral agreements between countries of origin and destination should address the provision of such services
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 37
- Paragraph text
- The Special Rapporteur is also concerned about the disproportionate use of force by security forces at borders, which, according to information received, has led to shootings and deaths of migrants, asylum-seekers and refugees. In this regard, the Special Rapporteur wishes to recall that international law and human rights standards demand that the use of force by law enforcement officials must be proportionate to the actual threat faced, and wishes to discuss, in the present report, the impact of the criminalization of irregular migration on asylum-seekers, victims of trafficking and children.
- 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
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Detention of migrants in an irregular situation 2012, para. 65
- Paragraph text
- Voluntary return programmes may be used as a mechanism to support and facilitate the departure of individuals who have no grounds to remain in the country and who have no protection or humanitarian concerns. Voluntary return programmes can be a solution for migrants who wish to return home but lack the means to do so. It can be a humane alternative to detention and deportation and, in certain circumstances, can allow a prepared, dignified and sustainable return and reintegration. However, care must be taken to ensure that the decision to return is fully voluntary and a result of a genuine, informed choice, particularly if the migrant is in a situation of closed detention when offered the option of an assisted voluntary return programme and that preparations have been made to ensure that his or her return is sustainable for the long term.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Labour exploitation of migrants 2014, para. 34
- Paragraph text
- One case brought to the Special Rapporteur's attention concerned alleged arbitrary arrest and detention, and lack of access to food, water and adequate housing in the context of a natural disaster. In this situation, migrants were reportedly excluded from the distribution of food and other essential items, and denied access to emergency shelters, which were open to citizens only. Another case brought to the Special Rapporteur's attention concerned a migrant who was subjected to a mandatory medical test that revealed an old tuberculosis scar in his lung. He was subsequently deported, with no right to appeal the decision, despite the fact that he did not have an active tuberculosis infection.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Provide a mechanism ensuring the refunding to migrants of all detected recruitment fees
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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. 30
- Paragraph text
- The boat trips themselves are perilous, involving very basic vessels that have limited navigation systems, are not seaworthy and often have insufficient amounts of food, water, fuel, first aid kits and life jackets. Boats are usually extremely overcrowded and sometimes contain more than double the recommended capacity. Once migrants have paid for the journeys, they are often forced to go ahead with their plans despite sometimes having second thoughts when seeing the vessels. Migrants have reported incidents of boats not having captains, with inexperienced migrants being required to navigate, as smugglers do not want to risk being caught by the authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Health
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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. 32
- Paragraph text
- The search and rescue services provided unilaterally by Italy and FRONTEX are a response to these alarming trends (see appendix). In a report to the Special Rapporteur, the European Commission said that Operation Mare Nostrum had rescued over 160,000 persons at sea in 2014 and that Operation Triton was estimated to have rescued approximately 22,300 people between November 2014 and early 2015. In addition, some private and military vessels have saved migrants' lives. However, as underlined by the International Maritime Organization, the support provided to search and rescue operations by merchant vessels should remain exceptional, and States should shoulder the main responsibility for such operations.
- 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
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Developing the Global Compact on Migration 2016, para. 36a
- Paragraph text
- [Fully implementing a global compact relying on a human rights-based framework for regular migration therefore involves a number of policy orientations, including:] Increasing search-and-rescue capacity;
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 107
- Paragraph text
- To assess progress in achieving the goal and its targets, the rate of progress as set according to the target for each population group and the reduction of inequalities should be clearly measured, including 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
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.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
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. 59
- Paragraph text
- Nevertheless, some countries have established special policies that permit individuals whose countries have experienced natural disasters or other severe upheavals to remain at least temporarily without fear of deportation. The United States of America, for example, enacted legislation in 1990 to provide temporary protected status to persons "who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions". New Zealand has a particular category in its resettlement quota for persons displaced environmentally from Pacific island States, called the "Pacific Access Category". Other countries provide exceptions to removal on an ad hoc basis for persons whose countries of origin have experienced significant disruption because of natural disasters. After the 2004 tsunami, several States suspended deportations of nationals from countries affected. Although the Special Rapporteur sees these examples as positive developments, each on an ad hoc case, there are no concrete examples of legislation or policies that address migration of persons from gradual climate changes that may destroy habitats or livelihoods in the future. For the most part, movements resulting from slow-onset climate change and other environmental hazards that limit economic opportunities are treated in the same manner as other economically motivated migration. Persons moving outside of existing labour and family migration categories are considered to be irregular migrants. In the absence of a strong humanitarian ground, exempting them from removal proceedings, these migrants will be subject to the regular systems in place for mandatory return to their home countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
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).
- 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
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2012
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. 33
- Paragraph text
- While positive efforts to protect migrants' right to life have been made, they remain insufficient. Key challenges include Operation Triton's limited mandate for effective search and rescue operations compared with the mandate of Operation Mare Nostrum, incoherence in search and rescue zone management, tensions between unilateral and regional interventions, disincentives for private and military vessels to provide assistance to migrants, limited resource commitments from member States and difficulties in establishing disembarkation protocols.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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. 34
- Paragraph text
- While search and rescue services are a vital part of addressing the human rights challenges faced by migrants trying to reach the European Union by precarious routes, the root causes of the use of these channels must be examined. A key driver is the lack of regular migration channels that reflect the European Union's genuine labour needs and the humanitarian and protection needs of those fleeing humanitarian situations. The European Union's collective response to the Syrian crisis exposes a remarkably intransigent refusal to offer Syrians any significant migration opportunities. Most European Union member States have preferred to look the other way, unsurprisingly pushing migrants to turn to smugglers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Developing the Global Compact on Migration 2016, para. 14
- Paragraph text
- The militarization of border control, which includes "push-backs" at land and sea, creates unnecessary suffering and violations of human rights and humanitarian law at borders: the vast majority of migrants are innocuous. "Fighting the smugglers" will remain futile as long as persons in need of mobility, without other options, may avail themselves of the irregular mobility solutions offered by opportunistic smuggling rings. The present escalation in repressive measures does not bode well for migrants: it will push them further underground, into the hands of unscrupulous lenders, recruiters, smugglers, employers and landlords.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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. 16
- Paragraph text
- Within the global context, the proportion of those displaced by humanitarian emergencies seeking refuge in Europe is still small. As reported by UNHCR, the world is currently experiencing the highest levels of displacement since the end of World War II and, at the beginning of 2015, 1.3 million refugees were registered in Lebanon and 1.9 million in Turkey. In comparison, the European Union assessed around 620,000 asylum applications in 2014.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Global migration governance 2013, para. 97
- Paragraph text
- Most States recognize refugees and the principle of non-refoulement. However, many migrants also have protection needs and cannot simply be dismissed as mere "economic migrants": they may be forced to migrate to escape from poverty, widespread violence, armed conflict, or the effects of climate change (see A/67/299). Some will be at risk of torture and other serious human rights violations if returned to their countries of origin. Many migrants migrate out of a complex, and often changing, mix of voluntary and forced reasons for movement.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
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. 54
- Paragraph text
- Policy makers have been slow to identify potential responses to environmentally induced migration. Recent literature on environmentally induced movements emphasizes that migration can have positive as well as negative consequences - a factor that affects how policies are formulated. The more positive impacts occur when migration is a voluntary coping strategy that allows people time to weigh alternatives and to use migration as a way of reducing household risk. Concerning the negative impacts, the Special Rapporteur emphasizes that they stem particularly from emergency mass movements that are generally related to intensified natural disasters and to competition for resources. These movements most closely resemble refugee movements and would often require large-scale humanitarian assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 44
- Paragraph text
- The Special Rapporteur acknowledges that the draft legislation to create EUROSUR requires Member States and Frontex to "give priority" to the special needs of persons in distress at sea, as well as children, asylum seekers, victims of trafficking, and those in need of medical attention, and the Commission has repeatedly stressed EUROSUR's future role in "protecting and saving lives of migrants". Yet the Special Rapporteur regrets that the proposal does not, however, lay down any procedures, guidelines, or systems for ensuring that rescue at sea is implemented effectively as a paramount objective. Moreover, the proposed Regulation fails to define how exactly this will be done, nor are there any procedures laid down for what should be done with those "rescued". In this context, the Special Rapporteur fears that EUROSUR is destined to become just another tool that will be at the disposal of member States in order to secure borders and prevent arrivals, rather than a genuine life-saving tool.
- 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
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 46
- Paragraph text
- Furthermore, as the Mediterranean is a busy sea, private vessels could potentially provide invaluable assistance to migrants in distress at sea. Border guards mentioned to the Special Rapporteur that boats in distress are often sighted by private vessels prior to getting into danger. However, the criminalization of migration has contributed to the reluctance of private vessels in assisting migrants in distress. In particular, known difficulties in disembarking migrants, the high costs associated with such intervention, and the lack of cooperation by States with private entities seeking to provide such humanitarian assistance, as well as the potential repercussions for private individuals, has resulted in the reluctance of private vessels to take responsibility for boats in distress, thus compounding the risk of death at sea.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Climate change and migration 2012, para. 82
- Paragraph text
- On the other hand, soft law instruments, such as guiding principles, may define and promote rights-based norms and responsibility-based principles, as has been illustrated by the Guiding Principles on Internal Displacement. Regional initiatives may also be developed as first steps towards international action.
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.1.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Protect the lives and safety of migrants and ensure the rescue of and immediate assistance to all migrants facing risks to life or safety, in accordance with the principles and practical guidance on the protection of the human rights of migrants in vulnerable situations (A/HRC/34/31), by developing and effectively implementing procedures and guidelines
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
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. 130
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Ensure that Operation Triton upholds international standards in relation to protection at sea and that the full transition from Operation Mare Nostrum does not result in the avoidable loss of life of migrants in the Mediterranean Sea.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph