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Implementation of article 2 by States parties 2008, para. 13
- Paragraph text
- Certain basic guarantees apply to all persons deprived of their liberty. Some of these are specified in the Convention, and the Committee consistently calls upon States parties to use them. The Committee's recommendations concerning effective measures aim to clarify the current baseline and are not exhaustive. Such guarantees include, inter alia, maintaining an official register of detainees, the right of detainees to be informed of their rights, the right promptly to receive independent legal assistance, independent medical assistance, and to contact relatives, the need to establish impartial mechanisms for inspecting and visiting places of detention and confinement, and the availability to detainees and persons at risk of torture and ill-treatment of judicial and other remedies that will allow them to have their complaints promptly and impartially examined, to defend their rights, and to challenge the legality of their detention or treatment.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Year
- 2008
Paragraph
Implementation of article 2 by States parties 2008, para. 17
- Paragraph text
- The Committee observes that States parties are obligated to adopt effective measures to prevent public authorities and other persons acting in an official capacity from directly committing, instigating, inciting, encouraging, acquiescing in or otherwise participating or being complicit in acts of torture as defined in the Convention. Thus, States parties should adopt effective measures to prevent such authorities or others acting in an official capacity or under colour of law, from consenting to or acquiescing in any acts of torture. The Committee has concluded that States parties are in violation of the Convention when they fail to fulfil these obligations. For example, where detention centres are privately owned or run, the Committee considers that personnel are acting in an official capacity on account of their responsibility for carrying out the State function without derogation of the obligation of State officials to monitor and take all effective measures to prevent torture and ill-treatment.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 15
- Paragraph text
- States parties shall ensure that effective rehabilitation services and programmes are established in the State, taking into account a victim's culture, personality, history and background and are accessible to all victims without discrimination and regardless of a victim's identity or status within a marginalized or vulnerable group, as illustrated in paragraph 32, including asylum seekers and refugees. States parties' legislation should establish concrete mechanisms and programmes for providing rehabilitation to victims of torture or ill-treatment. Torture victims should be provided access to rehabilitation programmes as soon as possible following an assessment by qualified independent medical professionals. Access to rehabilitation programmes should not depend on the victim pursuing judicial remedies. The obligation in article 14 to provide for the means for as full rehabilitation as possible can be fulfilled through the direct provision of rehabilitative services by the State, or through the funding of private medical, legal and other facilities, including those administered by non-governmental organizations (NGOs), in which case the State shall ensure that no reprisals or intimidation are directed at them. The victim's participation in the selection of the service provider is essential. Services should be available in relevant languages. States parties are encouraged to establish systems for assessing the effective implementation of rehabilitation programmes and services, including by using appropriate indicators and benchmarks.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Implementation of article 2 by States parties 2008, para. 16
- Paragraph text
- Article 2, paragraph 1, requires that each State party shall take effective measures to prevent acts of torture not only in its sovereign territory but also "in any territory under its jurisdiction." The Committee has recognized that "any territory" includes all areas where the State party exercises, directly or indirectly, in whole or in part, de jure or de facto effective control, in accordance with international law. The reference to "any territory" in article 2, like that in articles 5, 11, 12, 13 and 16, refers to prohibited acts committed not only on board a ship or aircraft registered by a State party, but also during military occupation or peacekeeping operations and in such places as embassies, military bases, detention facilities, or other areas over which a State exercises factual or effective control. The Committee notes that this interpretation reinforces article 5, paragraph 1 (b), which requires that a State party must take measures to exercise jurisdiction "when the alleged offender is a national of the State." The Committee considers that the scope of "territory" under article 2 must also include situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 32
- Paragraph text
- The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. States parties shall ensure that access to justice and to mechanisms for seeking and obtaining redress are readily available and that positive measures ensure that redress is equally accessible to all persons regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, gender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction, and including those marginalized or made vulnerable on bases such as those above. Culturally sensitive collective reparation measures shall be available for groups with shared identity, such as minority groups, indigenous groups, and others. The Committee notes that collective measures do not exclude the individual right to redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
Paragraph
Migrant domestic workers 2011, para. 62d (i)
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] Actual country and employment conditions;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 2
- Paragraph text
- As a deterrent for migrant workers and members of their families in an irregular situation to enter or stay on their territory, States increasingly resort to repressive measures, such as criminalization of irregular migration, administrative detention and expulsion. Criminalization of irregular migration fosters and promotes public perceptions that migrant workers and members of their families in an irregular situation are "illegal", second-class individuals, or unfair competitors for jobs and social benefits, thereby fuelling anti-immigration public discourses, discrimination and xenophobia. Moreover, migrant workers and members of their families in an irregular situation generally live in fear of being reported to the immigration authorities by public service providers or other officials, or by private individuals, which limits their access to fundamental human rights, as well as their access to justice, and makes them more vulnerable to labour and other types of exploitation and abuse.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 3
- Paragraph text
- The term "migrant workers in an irregular situation" is defined in article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Convention), which specifies that migrant workers or members of their families are considered as non-documented or in an irregular situation if they are not authorized to enter, to stay or to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which it is a party.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 5
- Paragraph text
- The situation of migrant workers may be irregular either because they have entered the State of employment in an unauthorized way and are thus not authorized to stay, reside or work in that State, or because they overstay the period or otherwise violate the conditions of their authorized stay. Regular migrants may also lose their status through no fault of their own due to illness or other unforeseen circumstances affecting them or family members. The Committee emphasizes that whatever the modalities of their stay, migrant workers can never be deprived of their fundamental rights, as protected under Part III of the Convention, by virtue of their irregular situation.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 6
- Paragraph text
- Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 7
- Paragraph text
- The Committee notes that the Convention provides only for a minimum standard of protection. Article 81, paragraph 1, states that nothing shall prevent States parties from granting more favourable rights or freedoms than those set out in the Convention to migrant workers and members of their families, including those in an irregular situation, by virtue of the law and practice of, or any bilateral or multilateral treaty in force for, the State party concerned. The Committee is of the view that a State's obligation under the Convention must be read with respect to the core human rights treaties and other relevant international instruments to which it is a party. Although separate and freestanding, these treaties are complementary and mutually reinforcing.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 8
- Paragraph text
- The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Migrant domestic workers 2011, para. 32b
- Paragraph text
- [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] The use of standard, unified and binding employment contracts, with fair, full and clear conditions and labour standards that are enforceable - and enforced - by systems of law in countries both of origin and employment. Such standard contracts, as well as services where migrant domestic workers can receive counselling and guidance or submit complaints, could also usefully be included in bilateral and multilateral agreements between countries of origin and employment;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 32
- Paragraph text
- Article 16, paragraph 8, provides for the right of all migrant workers and members of their families who are deprived of their liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of their detention. If the court finds that the detention is unlawful, it must order the release of the detained migrant worker. The Committee considers that mandatory detention of migrant workers and members of their families in an irregular situation is incompatible with article 16, paragraph 8, if the possibility of judicial review is confined to a formal assessment of whether the migrant worker concerned entered the State party without a valid entry permit, without the possibility of release if the detention is incompatible with article 16, paragraph 4.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 33
- Paragraph text
- The Committee considers that anyone arrested and detained solely for immigration purposes should be brought promptly before a judge or other officer authorized by law to exercise judicial power to review the lawfulness of the arrest and/or detention and the continued necessity of such arrest or detention; and to order unconditional release and/or less coercive measures, if warranted. Further reviews of the continued necessity and lawfulness of the detention should be carried out at regular intervals by a judge or other officer authorized by law to exercise judicial power. The burden of proof must rest on the detaining authorities to demonstrate that the presumption in favour of liberty should be displaced. The migrant worker must have access to legal representation and advice, if necessary free of charge, to challenge the lawfulness of detention. Children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 34
- Paragraph text
- Article 16, paragraph 8, of the Convention provides for the right of migrant workers attending such proceedings to an interpreter, if necessary, without cost to them, if they cannot understand or speak the language used. In the Committee's view, States parties should take effective measures to ensure that all migrant workers held in migration detention centres, including those who opt for voluntary repatriation, are properly informed of their rights in a language they understand, especially with regard to their rights to consular assistance, to challenge the lawfulness of their detention and/or to release, to request asylum and to receive information about protection measures available to victims or witnesses of trafficking in persons.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 26
- Paragraph text
- In the Committee's view, any custodial or non-custodial measure restricting the right to liberty must be exceptional and always based on a detailed and individualized assessment. Such assessment should consider the necessity and appropriateness of any restriction of liberty, including whether it is proportional to the objective to be achieved. The principle of proportionality requires States parties to detain migrant workers only as a last resort, and to give preference to less coercive measures, especially non-custodial measures, whenever such measures suffice to achieve the objective pursued. In all such cases, the least intrusive and restrictive measure possible in each individual case should be applied.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 66
- Paragraph text
- With regard to article 26, paragraph 2, the Committee notes that similar limitations can be found in article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights and in article 22, paragraph 2, of the International Covenant on Civil and Political Rights. It refers to the jurisprudence of the relevant treaty bodies for the purposes of interpreting what constitute permissible restrictions under article 26, paragraph 2, of the Convention.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 18
- Paragraph text
- The Committees are of the opinion that, in order to fulfil the rights of all children in the context of international migration, the following elements should be part of the policies and practices to be developed and implemented: (a) comprehensive, inter-institutional policies between child protection and welfare authorities and other key bodies, including on social protection, health, education, justice, migration and gender, and between regional, national and local governments; (b) adequate resources, including budgetary, aimed at ensuring effective implementation of policies and programmes; and (c) continuous and periodic training of child protection, migration and related officials on the rights of children, migrants and refugees and on statelessness, including intersectional discrimination.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 20
- Paragraph text
- The Committees reaffirm the application of articles 41 of the Convention on the Rights of the Child and 81 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and reiterate that the provisions in domestic and international legislation that are the most conducive to the realization of the rights of all children in the context of international migration shall apply in cases where standards differ. Furthermore, a dynamic interpretation of the Conventions based on a child-centred approach is necessary to ensure their effective implementation and the respect, protection and fulfilment of the rights of all children in the context of the increasing number of challenges that migration poses for children.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 22
- Paragraph text
- The principle of non-discrimination shall be at the centre of all migration policies and procedures, including border control measures, and regardless of the migration status of children or their parents. Any differential treatment of migrants shall be lawful and proportionate, in pursuit of a legitimate aim and in line with the child’s best interests and international human rights norms and standards. Similarly, States parties should ensure that migrant children and their families are integrated into receiving societies through the effective realization of their human rights and access to services in an equal manner with nationals.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 53
- Paragraph text
- The Convention on the Rights of the Child stipulates that States parties shall respect and ensure the rights set forth in the Convention to each child within its jurisdiction without discrimination of any kind; this includes discrimination against children on the basis of their or their parents’ migration status. The Committees therefore urge States parties to provide equitable access to economic, social and cultural rights. States are encouraged to expeditiously reform legislation, policies and practices that discriminate against migrant children and their families, including those in an irregular situation, or prevent them from effectively accessing services and benefits, for example social assistance.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 5a
- Paragraph text
- [The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including:] Committee on the Rights of the Child general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, which includes a set of recommendations specifically for those migrant children outside their country of origin who are unaccompanied and separated;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 32e
- Paragraph text
- [The Committees stress that States parties should:] Develop procedures and define criteria to provide guidance to all relevant persons involved with migration procedures on determining the best interests of the child and on giving them due weight as a primary consideration, including in entry, residence, resettlement and return procedures, and develop mechanisms aimed at monitoring its proper implementation in practice;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 5d
- Paragraph text
- [The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including:] The increasing number of recommendations made by both Committees in recent years to States parties to their respective Conventions on a variety of human rights issues that affect children’s rights in the context of international migration.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 7
- Paragraph text
- The objective of the present joint general comment is to provide authoritative guidance on legislative, policy and other appropriate measures that should be taken to ensure full compliance with the obligations under the Conventions to fully protect the rights of children in the context of international migration.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 32c
- Paragraph text
- [The Committees stress that States parties should:] Ensure that the principle of the best interests of the child is appropriately integrated, consistently interpreted and applied through robust, individualized procedures in all legislative, administrative and judicial proceedings and decisions, and in all migration policies and programmes that are relevant to and have an impact on children, including consular protection policies and services. Adequate resources should be put in place in order to ensure this principle is applied in practice;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 64
- Paragraph text
- The Committees reaffirm the need to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit, destination and return in promoting and protecting the human rights of children in the context of international migration, so as to ensure safe, orderly and regular migration, with full respect for human rights and avoiding approaches that might aggravate their vulnerability. In particular, cross-border case management procedures should be established in an expeditious manner in conformity with the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. In addition, cooperation could include initiatives aimed at strengthening financial and technical assistance as well as resettlement programmes to countries which host a large number of displaced persons, including children, from other countries and are in need of assistance. All practices should be fully in line with international human rights and refugee law obligations.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 30b
- Paragraph text
- [Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:] Facilitate any communication between the person concerned and the said authorities;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Migrant domestic workers 2011, para. 62d (ii)
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] The experience of migrant domestic workers, including travel and arrival, migration-related fees and debt, the effects on family, workplace conflicts, issues of rights and access to justice.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
Paragraph