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Contemporary challenges to freedom of expression 2016, para. 46
- Paragraph text
- The right to freedom of opinion and expression must be respected "without distinction of any kind" (see article 2 (1) of the Covenant). Members of some groups, however, often face particular discrimination when it comes to the implementation of restrictions on expression. The Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the situation of human rights defenders and on the independence of judges and lawyers address issues pertaining to human rights defenders and non-governmental organizations (NGOs), often in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Given their focus and detailed reporting, I will not highlight here our shared concerns about restrictions imposed against NGOs, human rights defenders environmental activists, refugees and lawyers. Instead I will highlight several other groups whose expression is particularly subject to repression.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2016
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 63
- Paragraph text
- The Special Rapporteur has received information on some promising legal provisions aimed at replacing immigration detention. Information received indicates that alternatives to immigration detention may vary from cost-effective options already available in several legal systems such as release on bail, bond and surety, conditional release, return to custody for specified hours following release for employment, schooling or other defined purposes, to more innovative schemes such as open and semi-open centres, directed residence and restrictions to a specified district. Information received by the Special Rapporteur indicates that examples of legal presumption against immigration detention are found, inter alia, in the legislation of Austria, Brazil, Denmark, Finland, Ireland, Lithuania, New Zealand and Switzerland.
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- 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
Detention of migrants in an irregular situation 2012, para. 50
- Paragraph text
- The right to liberty and security of person, as set out above, obliges States to consider in the first instance less intrusive alternatives to detention of migrants. The Human Rights Committee held in communication No. 900/1999 that States have to demonstrate that "in the light of the author's particular circumstances, there were not less invasive means of achieving the same ends, that is to say, compliance with the State party's immigration policies, by, for example, the imposition of reporting obligations, sureties or other conditions which would take account of the author's deteriorating condition" (para. 8.2). The Working Group on Arbitrary Detention, in order to determine whether or not custody is arbitrary, considers inter alia the possibility for the alien to benefit from alternatives to administrative custody (E/CN.4/1999/63, para. 69, guarantee 13). The Working Group has recommended that "alternative and non-custodial measures, such as reporting requirements, should always be considered before resorting to detention" (E/CN.4/1999/63/Add.3, para. 33).
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Labour exploitation of migrants 2014, para. 82
- Paragraph text
- Make sure that passports and other identity documents are not confiscated, and make the withholding of such documents an offence, with appropriate penalties, and effectively prosecute violations.
- 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
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Penalization of people living in poverty 2011, para. 66
- Paragraph text
- Across developing and developed countries, release on bail pending trial is subject to increasingly stringent and onerous conditions which require individuals to, for example, demonstrate their connections with the community, have a fixed address or permanent employment, report regularly to police or make a cash deposit or post a bond as guarantee. These requirements are impossible for the poorest and most marginalized to meet in the vast majority of cases and, as a result, they are more likely to remain in detention pending a trial. This dramatically increases the likelihood that they will ultimately be convicted: not only does it put them in a vulnerable position whereby they will be more inclined to accept unfair "plea deals" or to make admissions of guilt in order to secure a swifter release, it contributes to the deterioration of the detainees' appearance and demeanour, impedes their ability to liaise with lawyers or obtain character witnesses and causes them to lose their employment or social housing, thereby creating a disincentive for the court to give a suspended or community service sentence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Detention of migrants in an irregular situation 2012, para. 68
- Paragraph text
- Detention for immigration purposes should never be mandatory or automatic. According to international human rights standards, it should be a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available. Governments have an obligation to establish a presumption in favour of liberty in national law, first consider alternative non-custodial measures, proceed to an individual assessment and choose the least intrusive or restrictive measure.
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Solitary confinement 2011, para. 98
- Paragraph text
- Detained persons held in solitary confinement must be afforded genuine opportunities to challenge both the nature of their confinement and its underlying justification through the courts of law. This requires a right to appeal all final decisions by prison authorities and administrative bodies to an independent judicial body empowered to review both the legality of the nature of the confinement and its underlying justification. Thereafter, detained persons must have the opportunity to appeal these judgements to the highest authority in the State and, after exhaustion of domestic remedies, seek review by regional or universal human rights bodies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] Refugees lawfully staying in a country are entitled, in relation to the right to freedom of association, to the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 67
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] Humanitarian and development organizations: Ensure meaningful participation of IDW and girls in the development, implementation, monitoring and evaluation of laws, policies, programmes and activities that affect their lives at all stages of displacement, through ongoing and direct engagement in identifying priorities and devising and implementing responses to them;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 36
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the millions of people who have not been formally denied or deprived of nationality but who lack the ability to prove their nationality, or, despite documentation, are denied access to the many human rights that other persons under the jurisdiction of States enjoy. He also wishes to draw attention to allegations about deportations of persons with mental disabilities without judicial guarantees, including the right to be assisted by a lawyer.
- 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
- Persons on the move
- Persons with disabilities
- Year
- 2010
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 37
- Paragraph text
- As a rule of general application, all States must refrain from using any type of coercion when questioning persons under any form of detention. International law acknowledges the need for special protection for all detained persons, who, during questioning, must not be subjected to violence, threats or practices that impair their capacity of decision or their judgment or force them to confess, incriminate themselves or testify against another person (Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 21).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Persons on the move
- Year
- 2016
Paragraph
Solitary confinement 2011, para. 99
- Paragraph text
- Individuals must have free access to competent legal counsel throughout the period in which they are held in solitary confinement. Where necessary to facilitate complete and open communication between a detainee and his or her legal counsel, access to an interpreter must be provided.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Solitary confinement 2011, para. 82
- Paragraph text
- The Special Rapporteur calls upon States to respect and protect the rights of persons deprived of liberty while maintaining security and order in places of detention. He recommends that States conduct regular reviews of the system of solitary confinement. In this context, the Special Rapporteur reiterates that States should refer to the Istanbul Statement on the Use and Effects of Solitary Confinement as a useful tool in efforts to promote the respect and protection of the rights of detainees.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
The right to access information 2013, para. 40
- Paragraph text
- In the context of human rights violations, and especially in cases of serious violations, the rights of victims and their families to access information can have several aspects. First, gaining access to information regarding the circumstances surrounding a human rights violation is usually essential in order to give effect to other rights, such as due process, guarantees to a fair trial and the right to a remedy. Moreover, clarifying what occurred is in itself one of the elements of reparations for victims and family members. Lastly, in cases of violations such as disappearances, the violation is continuing and ceases only once family members are able to ascertain the facts and determine the fate of the disappeared person. The refusal of the State to provide information, or the provision by it of false information, constitutes an additional violation because it prolongs and deepens the anguish, in addition to the moral and emotional pain.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
The Kampala Convention: a road map for action 2014, para. 87j
- Paragraph text
- [The Special Rapporteur also recommends that States Members of the African Union:] Promote and facilitate the participation of internally displaced persons in political, reconciliation and peace processes that affect them, and establish the conditions necessary to enable them to have access to the durable solution of their choice and to rebuild their lives at the earliest opportunity, including the establishment of adequate conflict resolution mechanisms, including in relation to land disputes and civil status, for example birth registration, and property title registries, in accordance with the Kampala Convention;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 87e
- Paragraph text
- [In cases where, exceptionally, detention of migrants is justified, this should not be made in facilities for criminals. Migration-related detention centres should not bear similarities to prison-like conditions. In connection with immigration detention facilities, States should bear in mind that:] Social protection (including access to education, health care, recreation and legal assistance), as well as contact with family in both countries of destination and origin, should be guaranteed: contact should also be facilitated with immigrant communities in destination countries and civil society institutions.
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 92a
- Paragraph text
- [Alternative measures should be systematically considered by States before resorting to immigration detention. States should ensure that the conditions and criteria to choose alternative measures do not discriminate in law or practice against particular groups of non-nationals, whether on the basis of their origin, economic situation, immigration or other status. These means also should be:] The least intrusive and restrictive in order to attain the same objectives of immigration-related detention, such as avoiding that migrants abscond and guaranteeing their presence in court or at administrative proceedings;
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 92b
- Paragraph text
- [Alternative measures should be systematically considered by States before resorting to immigration detention. States should ensure that the conditions and criteria to choose alternative measures do not discriminate in law or practice against particular groups of non-nationals, whether on the basis of their origin, economic situation, immigration or other status. These means also should be:] Subjected to legal review and migrants should therefore be granted the possibility of challenging them before a judicial or other competent and independent authority or body.
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 52
- Paragraph text
- Detainees are at a high risk of being ill-treated during the first hours of deprivation of liberty. Suspects mostly find themselves in the hands of the officers in charge of investigating the crime of which they are accused. The officers therefore have an interest in obtaining a confession or other relevant information. In order to keep this critical phase as short as possible, international human rights law requires the minimization of the period before a person is brought before a judge or another officer authorized by law to exercise judicial powers. However, suspects are frequently held in police custody for much longer than international human rights law allows, sometimes for weeks or months, and find themselves in a situation which is generally dominated by a feeling of vulnerability and fear. In many of the police stations the Special Rapporteur has visited, there was a palpable level of fear which manifested itself inter alia in the strong reluctance of detainees to speak with him.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 54
- Paragraph text
- Given that most cases of abuse take place during the very early stages of detention, immediate access to an independent lawyer is crucial. In many countries, however, detainees are arrested, interrogated and indicted without having been able to access counsel. Even access to a lawyer at a later stage remains a hypothetical option for most detainees since they lack the financial resources to pay for it. Since persons from poorer social strata make up the majority of detainees, the inability to effectively access legal aid affects the majority of persons deprived of their liberty. The lack of legal counsel is in sharp contrast to the basic principles of equality before the law and fairness. Detainees are often not aware of their rights, even when it comes to which treatment is actually permissible during interrogations. However, even in States with legal aid schemes, many detainees voiced doubts regarding the independence of their State-appointed lawyers or reported that they requested additional payment, since State-provided remuneration did not meet the lawyers' fees.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Solitary confinement 2011, para. 39
- Paragraph text
- In its analysis of solitary confinement, the Court has noted that even when used in exceptional circumstances, procedural safeguards must be in place. For example, "the State is obliged to ensure that the detainee enjoys the minimum and non-derogable guarantees established in the [American] Convention and, specifically, the right to question the lawfulness of the detention and the guarantee of access to effective defense during his incarceration". Similarly, the Inter American Commission on Human Rights has consistently held that all forms of disciplinary action taken against detained persons must comport with the norms of due process and provide opportunity for judicial review.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 73
- Paragraph text
- Although 146 States are party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, most Governments have failed to effectively implement its provisions. Despite the obligation to criminalize torture and prosecute perpetrators of torture under different types of jurisdiction, only very few torturers have been brought to justice worldwide. Impunity continues to be one of the main factors in widespread torture. Despite the obligation to provide victims of torture with an effective remedy and adequate reparation for the harm suffered, only a very small number of victims of torture are able to enjoy this right in the country responsible for inflicting the torture. If victims manage to access medical, psychological and other forms of rehabilitation, this important form of reparation is usually provided by private organizations in countries in which torture victims are granted asylum. Despite the obligation to effectively investigate every allegation or suspicion of torture and ill-treatment, almost no country has established bodies with effective powers of criminal investigation which are also fully independent from the law enforcement officers subject to their investigations. Despite the obligation to take all legislative, administrative, political and other measures necessary to prevent torture, including prompt access of detainees to lawyers, judges, doctors and families, audio- or videotaping of interrogations, the prohibition of using confessions extracted by torture before courts and regular inspections of all places of detention and interrogation by independent bodies, most of the some 10 million detainees around the world can only dream of enjoying such measures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 28
- Paragraph text
- While recognizing that States face an array of challenges in successfully combating and preventing mistreatment during questioning, the Special Rapporteur insists that the future protocol be of universal application. Except for those lawful limitations demonstrably required by the fact of detention and investigation, persons questioned and/or deprived of their liberty unequivocally retain their non-derogable human rights. The prohibition of torture or ill-treatment and the principle of humane treatment of detainees are fundamental and universally applicable rules and cannot be dependent on the material resources available to States (see A/68/295). It follows that the set of minimum standards identified in the protocol should be applied, as a matter of law and policy, to interviews conducted by all agents of all States.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 44
- Paragraph text
- So far, steps taken by the mandate to combat torture have focused almost entirely on States as potential perpetrators. Yet organized armed groups, private military and security contractors, mercenaries, foreign fighters and other non-State actors are increasingly engaged in conduct that adversely interferes with human rights, including the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. For the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment to retain its practical relevance, however, it must also provide for practical protection against violations on the part of non-State actors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 58
- Paragraph text
- It is a worrying trend that immigration detention is extensively used as a border management and deterrence tool against migrants and too often as a means to prevent their access to justice. In line with international human rights law, freedom must be the default position and detention the exception, used only as a measure of last resort. Detention must be reasonable, necessary, proportionate, decided on a case-by-case basis and enforced for the shortest possible period of time. Administrative detention can be justified only if an individual presents a danger to the public or risks absconding when their presence is necessary in further proceedings, and such determinations must be made individually and on the basis of evidence. Furthermore, when detention becomes a routine measure of border enforcement, it may be, per se, arbitrary insofar as it is neither an exceptional measure of last resort, nor based upon a meaningful individualized assessment of risk.
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 61
- Paragraph text
- Unaccompanied migrant children and families with children must never be detained for reasons relating to their administrative immigration status. The detention of children, even for short periods, can have severe psychological consequences for their development. The Committee on the Rights of the Child and other human rights mechanisms have made it clear that immigration detention can never, ever, be in the best interest of a child and that the immigration detention of children, whether unaccompanied or with their families, always constitutes a violation of their rights. Consequently, both unaccompanied migrant children and families with children should always be provided with alternatives to detention.
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 68
- Paragraph text
- Access to public services, such as health care, education, local police, social services, public housing, labour inspection and health and safety inspection, is key to ensuring that such services are able to perform their mission with the trust of all beneficiaries, including migrants, and that migrants do not fear detection, detention and deportation. Too frequently, immigration enforcement services enlist other public services as auxiliaries for the detection of undocumented migrants or gain access to their databases. Unless firewalls are established between public services and immigration enforcement, vulnerable migrants will never report human rights violations, and perpetrators will benefit from practical immunity.
- 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
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (b)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures, including affirmative measures, to ensure that workers in vulnerable situations have the ability to exercise effectively their assembly and association rights. Such measures should include: Removing impediments to freedom of movement and access to justice (for example, provide temporary immigration status while rights violations are being investigated);
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Durable solutions for internally displaced persons: advancing the agenda: addressing the role of humanitarian and development actors in achieving durable solutions for internally displaced persons through peacebuilding in the aftermath of conflict 2013, para. 49
- Paragraph text
- Housing, land and property issues are among the most complex structural concerns that must be tackled in order to enable durable solutions. Dealing with the underlying structural sources of conflict, such as unequal access to land, insecurity of tenure for customary rights holders or in informal settlements and non-transparent decision-making regarding land use, can also be key to durable solutions. For example, restitution programmes intended to benefit internally displaced persons must be appropriately situated within broader efforts if they are to result in greater tenure security for displacement-affected communities. Poorly conceived responses to the housing, land and property concerns of internally displaced persons can have significant implications for gender equity, relations between displaced and non-displaced communities, susceptibility to land-grabbing and prospects for economic development. For example, in some instances, land belonging to internally displaced persons may have been purchased by others in good faith and/or investment and development activities may have been undertaken on the land in their absence. Identifying mutually beneficial ways to accommodate the rights and interests of internally displaced persons and investors or purchasers may be a critical step towards the sustainable resolution of displacement in many contexts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph