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A more systematized and equitable response to internally displaced persons outside camps 2012, para. 29
- Paragraph text
- Moreover, while family, friends and communities may initially welcome and assist IDPs, when their stay drags on, for months or years, strains on resources may lead to an eventual breaking point and the need for IDPs to find alternative assistance or living arrangements, often resulting in secondary movements and a more precarious situation. Even when specific IDP assistance exists in the form of food or other emergency assistance, distribution of assistance to non-camp IDPs, often tends to be one-off distributions at the beginning of displacement rather than the sustained assistance which is needed. Similarly, while State assistance programmes may sometimes be available for vulnerable groups in society, these will often be insufficient to take into account the heightened needs brought about by displacement, may be contingent on local residency or identity documents which IDPs may not be able to provide, or IDPs may not access them out of fear of drawing attention to themselves, for security reasons. Discrimination on the basis of their being displaced may also create an additional barrier to accessing State services. The considerations below aim to provide an initial framework for strengthening humanitarian and development responses to the needs of IDPs outside camps and those of their host communities.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 38
- Paragraph text
- The term "host community" has been used to depict a community hosting a camp, or a non-camp population. However it has also become a "catch-all" term, which often obscures the complexity and variety of communities in which IDPs live. The kinds of host communities vary widely across contexts. In many cases, 'host communities' simply refers to communities in which relatives or friends take in a family member. At other times, they refer to communities in locations to which IDPs have fled and remain during their period of displacement. Often host communities and host families may be poor or living in precarious conditions themselves. They may lack physical security, adequate access to basic services, and may have been impacted by conflict or a natural disaster as well. In some cases host communities are receiving new arrivals while in others they may be reintegrating returnees. In other contexts, such as those subject to repeated or cyclical displacements, host communities may be made up of IDPs who have simply been displaced longer.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 44
- Paragraph text
- The establishment of emergency assistance and complementary support structures are also necessary in order to address situations when host family arrangements break down or are insufficient. In many cases, the assistance and hospitality provided by hosts may be primarily based on affiliations with some members of the family and not others (e.g. one of the spouses), so that when the nuclear IDP family disintegrates during the period of displacement, some members may have to leave and find their own solutions. In other situations, the strains of assisting and providing shelter to IDPs for prolonged periods may be such that host families may simply no longer be able to continue providing this support unassisted. In all of these situations, IDPs will in many cases need to leave the host family. Ensuring that systems are in place to support hosting arrangements, and to provide protection and assistance alternatives for IDPs who can no longer remain in these arrangements, will be vital in order to prevent the most vulnerable IDPs from having to adopt negative coping mechanisms, such as early marriage, dangerous and exploitative livelihood activities, and from living in precarious settings.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 47
- Paragraph text
- IDPs are often the victims of direct or indirect discrimination in host communities based on their situation or categorization as IDPs. In some cases this discrimination may be based on ethnic or other differences, while in others it is due to more structural problems. In the context of his country visits, the Special Rapporteur has found that IDPs are often denied access to basic services such as primary education and health services, due to the fact that local schools or health facilities are already underfunded or overcrowded, or for purely bureaucratic reasons. In these contexts, local health and educational institutions may request proof of residency or special fees from IDP families (for services normally free of charge), so as to be able to effectively expand their services to them. Such situations reflect the need for more effective coordination and timely financial transfer systems between central and local authorities, including the areas from which IDPs fled, which can take into account a local influx of IDPs and their related needs.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 51
- Paragraph text
- Provincial and municipal authorities can play a key role in liaising with their national Government authorities and displacement-affected communities, as well as in the development and implementation of IDP-specific and community based programmes. Supporting local authorities in the development of community based programmes may be particularly appreciated when authorities must contend with the competing demands of other vulnerable sectors of the population who may feel their needs are being neglected. Such programmes should be based on disaggregated data on both IDPs and the host community, which includes their specific vulnerabilities, needs and coping mechanisms, and be participatory and inclusive. Community-based programmes can vary significantly depending on the context, but can include financial or in kind assistance to host families; community revitalisation programmes; or the expansion and strengthening of local infrastructures and services. Support to local authorities, through awareness raising and training, including on technical matters such as the conduct of consultative processes, data collection and programme design, should be areas for investment.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 53
- Paragraph text
- Provincial and municipal authorities responsible for local development, social services and security in their areas have a particular responsibility and interest in ensuring that IDPs outside camps, receive assistance in achieving durable solutions. In some cases, durable solutions will imply local integration in the host community, a process in which local authorities play a key role, and with regard to which the collection of good practices would be valuable. They can also however, contribute towards other durable solutions, including returns and resettlement elsewhere in the country, including by: ensuring that IDPs in their communities are identified and included in national durable solutions programmes; improving access to information for IDPs; and facilitating the transference of documents or benefits they may have acquired during their displacement. They can also facilitate transitional or a combination of solutions, such as permitting IDPs to retain certain rights, e.g. residency permits in host communities while they set up their new life in their area of return and ascertain its safety, or by facilitating procedures so that some members of the family may remain working in the host community while the rest of the family returns to the place of origin. Where IDPs originally from the host community are returning to it, local authorities will also play a central role in reinstating their rights, and addressing issues such as secondary occupancy which may emerged as a result of their prolonged absence.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 29
- Paragraph text
- Flight to urban areas following conflict or disaster in another part of the country is also a common feature of internal displacement today. Urban areas may promise more safety than rural areas as a result of the anonymity and invisibility that one can acquire there. For example, there are girls in Abidjan who were victims of sexual violence in places of displacement in rural areas or who became pregnant during displacement and moved to the city. A primary reason for flight to urban areas is family links, but the hope of finding alternative livelihoods is also a factor that influences the flight of internally displaced persons, who often lose their original livelihoods through displacement. Similarly, education opportunities and better services, such as special health care, regularly lead to flight to urban areas and peripheries. Urban areas may therefore allow internally displaced persons to better maintain their coping mechanisms and resilience, albeit at low levels.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Families
- Girls
- Persons on the move
- Year
- 2014
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 13
- Paragraph text
- Moreover, increasingly restrictive and exclusionary immigration policies, including criminalization and detention of irregular migrants, insufficient channels for regular migration and family reunification, and lack of regular access to the labour market for asylum seekers, refugees and migrants, while rarely achieving their purpose, further contribute to an increase in the exploitation of migrants, including through trafficking (A/HRC/26/37/Add.2, para. 46).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 55
- Paragraph text
- In addition, she wishes to explore further the link between mixed migration flows and trafficking, in order to recommend effective measures, aimed at preventing exploitation or further exploitation of socially vulnerable people fleeing death, torture or other forms of violence such as domestic violence, or unemployment, destitution and extreme poverty. That includes exploring ways to increase opportunities for regular migration and family reunification, and for non-exploitative employment, with the aim of preventing trafficking by ensuring full respect of migrants' rights, in line with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Article 9: Liberty and security of person 2014, para. 58
- Paragraph text
- Several safeguards that are essential for the prevention of torture are also necessary for the protection of persons in any form of detention against arbitrary detention and infringement of personal security. The following examples are non-exhaustive. Detainees should be held only in facilities officially acknowledged as places of detention. A centralized official register should be kept of the names and places of detention, and times of arrival and departure, as well as of the names of persons responsible for their detention, and made readily available and accessible to those concerned, including relatives. Prompt and regular access should be given to independent medical personnel and lawyers and, under appropriate supervision when the legitimate purpose of the detention so requires, to family members. Detainees should be promptly informed of their rights, in a language they understand; providing information leaflets in the appropriate language, including in Braille, may often assist the detainee in retaining the information. Detained foreign nationals should be informed of their right to communicate with their consular authorities, or, in the case of asylum seekers, with the Office of the United Nations High Commissioner for Refugees. Independent and impartial mechanisms should be established for visiting and inspecting all places of detention, including mental-health institutions.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Article 12: Freedom of movement 1999, para. 17
- Paragraph text
- A major source of concern are the manifold legal and bureaucratic barriers unnecessarily affecting the full enjoyment of the rights of the individuals to move freely, to leave a country, including their own, and to take up residence. Regarding the right to movement within a country, the Committee has criticized provisions requiring individuals to apply for permission to change their residence or to seek the approval of the local authorities of the place of destination, as well as delays in processing such written applications. States' practice presents an even richer array of obstacles making it more difficult to leave the country, in particular for their own nationals. These rules and practices include, inter alia, lack of access for applicants to the competent authorities and lack of information regarding requirements; the requirement to apply for special forms through which the proper application documents for the issuance of a passport can be obtained; the need for supportive statements from employers or family members; exact description of the travel route; issuance of passports only on payment of high fees substantially exceeding the cost of the service rendered by the administration; unreasonable delays in the issuance of travel documents; restrictions on family members travelling together; requirement of a repatriation deposit or a return ticket; requirement of an invitation from the State of destination or from people living there; harassment of applicants, for example by physical intimidation, arrest, loss of employment or expulsion of their children from school or university; refusal to issue a passport because the applicant is said to harm the good name of the country. In the light of these practices, States parties should make sure that all restrictions imposed by them are in full compliance with article 12, paragraph 3.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Year
- 1999
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. 29
- Paragraph text
- When migrants reach their intended country of departure, they often suffer further violations of their rights. The European Union Agency for Fundamental Rights has published reports of makeshift camps with extremely poor conditions that are run by migrants in Morocco, as well as of migrants locked in small huts by smugglers in Turkey. Smugglers typically charge several thousand United States dollars per person for boat journeys to the European Union. Families with multiple members can pay in excess of US$ 10,000 to make the trip.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Families
- 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. 44
- Paragraph text
- Of particular concern is the inclusion of children among detainees. Children are usually afforded additional protections by member States and, according to many national policies, are not supposed to be detained. However, if the age of the child is unknown, which is common among those without documents or coming from countries that do not have robust birth registration systems, they can be detained or kept in reception centres until their age can be verified. This can take weeks or months. In some instances, while in detention, children live and sleep with adults, without any special accommodation made for their young age and without access to education. In others, families are separated in different sections of the detention facility according to age and gender. The detention of children, even for short periods, can have severe negative psychological effects. It has been made clear by the Committee on the Rights of the Child that immigration detention is never ever in the best interest of the child and that families of migrants should not be separated. Hence, unaccompanied minors and families with children should always benefit from alternatives to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 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. 45
- Paragraph text
- Alternatives to detention are being explored. For example, legal reforms in Italy have reduced immigration detention from 18 to 3 months and, in Greece, the Government has announced a policy change to reduce detention times and release significant numbers of detainees. A number of countries have moved towards more open reception facilities, particularly for vulnerable migrants such as children and families. Despite these welcome changes, prolonged immigration detention, and the associated negative consequences on the human rights of migrants, continues in many member States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
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. 53
- Paragraph text
- The European Court of Human Rights has recently ruled on two significant cases in relation to the Dublin logic. As discussed above, in 2014, the European Court of Human Rights ruled, in Sharifi and Others v. Italy and Greece, that both countries had violated articles 3 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In Tarakhel v. Switzerland, in November 2014, the Court ruled on the refusal of Switzerland to examine the asylum application of members of an Afghan family and the decision to send them back to Italy without assurances that their rights would be protected. The Court held that there had been a violation of article 3 of the Convention and discussed "systemic deficiencies" in the Italian system. In 2011, in M.S.S v. Belgium and Greece, the Court held that Belgium had violated article 3 of the Convention by deporting an Afghan migrant to Greece despite systemic failures in asylum and social protection provisions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- 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. 58
- Paragraph text
- The unwillingness of European Union member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families reflects the intention to not be held accountable for human rights abuses against undocumented migrant workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- 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. 101
- Paragraph text
- [To the European Union and its member States] Develop and incentivize other regular and safe migration channels, including for workers with varying skills levels, including for low-wage workers. Look at a variety of options for legal migration, such as humanitarian admission, humanitarian visas, temporary protection, family reunification, economic admissions at all skills levels, as well as for job seeking, student mobility and medical evacuation, in line with the suggestions of the European Union Agency for Fundamental Rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 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. 112
- Paragraph text
- [To the European Union and its member States] In line with the best interests of the child principle, step up protections afforded to migrant children, particularly unaccompanied minors, and families with children. Aim to eradicate the detention of children completely and to respond adequately to the vulnerability of children in reception and social protection provisions. Age verification is not a justification for detention and member States should move towards a model that assumes vulnerability and responds by providing adequate protection, given the particularly damaging impact of even short periods of detention on children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
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. 133
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Ensure that allegations of human rights violations committed in the context of FRONTEX operations are adequately followed-up on. Establish and adequately fund the individual complaints mechanism for violations of the human rights of migrants (as provided for in article 26 (a) (1) of Regulation (EU) No. 1168/2011), as recommended also by the European Ombudsman in the context of its inquiry regarding case OI/5/2012/BEH-MHZ. Individuals and their families, as well as civil society organizations should have access to the complaint mechanism and to adequate reparations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 32
- Paragraph text
- Slavery and compulsory or forced labour are separate practices that are addressed independently in most international human rights documents. The Slavery Convention establishes that States should "take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery" (art. 5). ILO Convention No. 29 (1930) concerning Forced or Compulsory Labour defines forced labour as, "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily" (art. 2). The Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, ILO Convention No. 182 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) all address forced labour.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
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. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Prohibit the collective expulsion of migrant workers and members of their families and prohibit discriminatory legislation, in particular concerning remuneration, conditions of work and terms of employment;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
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:] The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families guarantees the right to join associations and take part in the activities of associations, but stops short of protecting the right to form associations (art. 26).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 90
- Paragraph text
- The Special Rapporteur recommends that States ratify fully and implement all relevant international legal instruments to prevent child slavery such as the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the Convention on the Rights of the Child, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2011
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 61
- Paragraph text
- In addition, many child migrants suffer appalling and inhuman conditions while detained including overcrowding, inappropriate food, insufficient access to drinking water, unsanitary conditions, lack of adequate medical attention, and irregular access to washing and sanitary facilities and to hygiene products, lack of appropriate accommodation and other basic necessities. In some cases, detention centres refuse to keep migrant children with their families also being detained, and have denied migrant children's right to communicate with their families. Such practices effectively isolate child detainees from social support groups.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Water & Sanitation
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 80
- Paragraph text
- Within the context of administrative immigration enforcement, it is now clear that the deprivation of liberty of children based on their or their parents' migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children. Following the advisory opinion of the Inter-American Court of Human Rights on the rights and guarantees of children in the context of migration and/or in need of international protection in 2014, the Special Rapporteur recalls the different procedural purposes between immigration and criminal proceedings, and that, in the words of the Court, "the offenses concerning the entry or stay in one country may not, under any circumstances, have the same or similar consequences to those derived from the commission of a crime." The Special Rapporteur therefore concludes that the principle of ultima ratio that applies to juvenile criminal justice is not applicable to immigration proceedings. The deprivation of liberty of children based exclusively on immigration-related reasons exceeds the requirement of necessity because the measure is not absolutely essential to ensure the appearance of children at immigration proceedings or to implement a deportation order. Deprivation of liberty in this context can never be construed as a measure that complies with the child`s best interests. Immigration detention practices across the globe, whether de jure or de facto, put children at risk of cruel, inhuman or degrading treatment or punishment. Furthermore, the detention of children who migrate to escape exploitation and abuse contravenes the duty of the State to promote the physical and psychological recovery of child victims in an appropriate environment. Therefore, States should, expeditiously and completely, cease the detention of children, with or without their parents, on the basis of their immigration status. States should make clear in their legislation, policies and practices that the principle of the best interests of the child takes priority over migration policy and other administrative considerations. Also, States should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified, and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State (A/HRC/20/24, para. 41). While the Special Rapporteur acknowledges that, in certain circumstances it is possible for States to place children in a shelter or other accommodation when it is based on the purpose of child care, protection and support, this should not become a proxy for expanded unnecessary restrictions to the liberty of child migrants and families. States are required to favour measures that promote the care and well-being of the child rather than the deprivation of liberty. Facilities that grant accommodation for migrant children should have all the material conditions necessary and provide an adequate regime to ensure comprehensive protection from ill-treatment and torture, and allow for their holistic development. Migrant children should be separated from children who have been accused or convicted of criminal offences and from adults. The Special Rapporteur notes, however, that separating child migrants from unrelated adults can sometimes itself result in harm by depriving children of important interactions; ample opportunities for broader human interaction and physical activity must therefore be given to unaccompanied migrant children. When children are accompanied, the need to keep the family together is a not sufficient reason to legitimize or justify the deprivation of liberty of a child, given the prejudicial effects that such measures have on the emotional development and physical well-being of children. The Special Rapporteur shares the view of the Inter-American Court of Human
- 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
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
Children in street situations 2017, para. 44
- Paragraph text
- For those children in street situations without primary or proxy caregivers, the State is the de facto caregiver and is obliged, under article 20, to ensure alternative care to a child temporarily or permanently deprived of his or her family environment. Types of care include: practical and moral support to children on the streets, through a trustworthy adult street worker or peer support, without requiring or coercing children to renounce their street connections and/or move into alternative accommodation; drop-in and community/social centres; night shelters; day-care centres; temporary residential care in group homes; foster care; family reunification; and independent living or long-term care options including, but not exclusively, adoption. Deprivation of liberty, for example, in detention cells or closed centres, is never a form of protection.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Children in street situations 2017, para. 45
- Paragraph text
- Interventions that do not respect children as active agents in the process of moving off the street into alternative care do not work: children often end up back on the streets when they run away or when placements break down. Placements fail when children in street situations are sent to unfamiliar areas to live with little-known relatives. By applying a child rights approach to the development and provision of alternative choices, States will ensure that children are not forced to depend on their street connections for their survival and/or development and that they are not forced to accept placements against their will. States should ensure, through legislation, regulation and policy directives, that the child’s views are solicited and considered in decisions regarding placements, development and review of care plans, and visits with family. States should respect the established international parameters that limit institutionalization as a last resort, ensure that children are not placed in alternative care unnecessarily and ensure that, where alternative care is provided, it is delivered under appropriate conditions responding to the rights and best interests of the child. States should ensure that State and civil society-run shelters and facilities are safe and of good quality. Where placement with family members is deemed, in consultation with the children in street situations themselves, to be in their best interests, careful preparation and follow-up is needed on both sides. A transitional stage between the streets and a long-term placement is often required, the length of this period being determined on a case-by-case basis with the child. Use of police or other detention cells to accommodate children owing to lack of alternative care facilities is not acceptable.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
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Children in street situations 2017, para. 46
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- Many children in street situations live with their families, either on or off the streets, and/or maintain family connections, and they should be supported to maintain those connections. States should not separate children from their families solely on the basis of the families’ street-working or street-living status. Likewise, States should not separate babies or children born to children themselves in street situations. Financial and material poverty, or conditions directly and uniquely imputable to such poverty, should never be the only justification for the removal of a child from parental care but should be seen as a signal for the need to provide appropriate support to the family. To prevent long-term separation, States can support temporary, rights-respecting care options for children whose parents, for instance, migrate for certain periods of the year for seasonal employment.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Children
- Families
- Year
- 2017
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Climate change and internal displacement 2011, para. 50
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- In addition to early warning systems, legal preparedness measures, such as national legislation and policies, and other measures to protect the human rights of internally displaced persons can be put in place before disaster strikes in order to limit the negative impact of potential displacement. They can include measures to preserve and restore family unity (e.g. during evacuations), which is a key factor contributing to protection, and to ensure the replacement of personal documentation through rapid and simplified procedures. They can also include measures to protect housing, land and property rights through the registration and safekeeping of land titles; mechanisms to resolve property disputes following a disaster; and precautions to ensure that disaster relief interventions are conducted in such a way as to avoid discrimination (for example on the basis of gender, age or ethnicity).
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
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Climate change and internal displacement 2011, para. 76
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- In order to be successful, adaptation measures addressing internal displacement must provide durable solutions strategies in the form of return, local integration or resettlement in another part of the country. However, in the context of climate change, durable solutions are likely to be more complex and less static or one-dimensional. They may combine a number of solutions, including movements which are seasonal or temporary, or solutions which include continuity with the place of origin as well as integration in a different part of the country (for example, part of the family returns to the place of origin permanently or on a seasonal basis, while the breadwinner works in another location). Strategies addressing internal displacement should therefore be sufficiently flexible to include and support various scenarios of human adaptation, and ensure that durable solutions are based on free and informed consent.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
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