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Financialization of housing and the right to adequate housing 2017, para. 44
- Paragraph text
- The housing sector in the global South has not been subject to extensive financing of homeownership. Only about 17 per cent of the population in Botswana, Kenya, Namibia and Zambia, for example, would be eligible for mortgage finance based on existing criteria. Low-income, informal and indigenous communities have nevertheless experienced, first-hand, the power of financial corporations to appropriate land and real estate and to generate vast disparities in wealth by treating housing and land as commodities. The displacement of Garifuna communities by model cities containing luxury developments for tourists and wealthy residents in Honduras is an example of the kinds of displacements of communities and forced evictions that are occurring in many countries (see A/HRC/33/42/Add.2, para. 56). Many local and national governments looking for capital investment have opted to sell land to major developers at the expense of indigenous and impoverished communities and those living in precarious housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 86
- Paragraph text
- Various countries emerging from conflict or an authoritarian regime have been confronted with allegations of systematic illegal adoptions as part of past large-scale abuses. Few countries have responded to victims' calls for truth, justice, reparation and guarantees of non-recurrence, however, and none have done so in a comprehensive manner. Argentina has pioneered such responses, in particular in relation to enforced disappearances, through truth-seeking and accountability. Genetic tracing and the establishment of a national genetic database have played a key role in identifying disappeared children who were subjected to illegal adoption and in efforts to seek judicial accountability. Moreover, the "disappeared" children, now adults, are stepping forward to uncover their biological origins and some are playing a role in the prosecution of their adoptive parents.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 37
- Paragraph text
- The Special Rapporteur will also closely monitor the conditions under which some irregular migrants, including asylum seekers and refugees, are being returned to their countries of origin or relocated to countries of transit under readmission agreements negotiated with countries that may have committed gross human rights violations, including torture. In doing so, the Special Rapporteur will advocate for the full application of article 3 of the Convention, which provides that no State party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he/she would be in danger of being subjected to torture, and that for the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 38
- Paragraph text
- The Special Rapporteur fully endorses the long-standing jurisprudence and doctrine stating that the absolute prohibition against refoulement contained in the Convention against Torture is stronger than that found in refugee law under article 33 of the 1951 Convention relating to the Status of Refugees. This absolute prohibition means that persons may not be returned even when they may not otherwise qualify for refugee status under the 1951 Convention or domestic law. Accordingly, non-refoulement under the Convention against Torture must be assessed independently of refugee or asylee status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases where non-refoulement under refugee law may be circumscribed.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- 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. 46
- Paragraph text
- Through resettlement programmes for refugees and the provision of humanitarian visas and other opportunities, it is well within the means of States to develop the mechanisms necessary for providing resettlement opportunities to refugees. A worldwide, well-governed distribution key that provides resettlement programmes for refugees and humanitarian visas and other opportunities will create a reliable long-term programme and ensure that a large number of refugees will seek resettlement rather than spend large sums of money and risk their lives and those of their children in smuggling operations. This would considerably reduce the market for smugglers, as well as the cost of refugee status determination procedures in the countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
SRSG on children and armed conflict: Annual report 2017, para. 20
- Paragraph text
- Over the reporting period, the increased use of screening of civilians by government security forces or pro-government militias in situations such as those in as Iraq and Nigeria has been an emerging concern related to the deprivation of liberty of children. Centres have been established by parties to conflict in order to process civilians fleeing from armed groups. This practice has resulted in mass deprivation of liberty of civilians, including children, due to long processing times but also due to a presumption of affiliation with the very armed group from which they are fleeing. Screening has been undertaken by parties to conflict, including militias, who are poorly trained and, in many instances, lack the neutrality and capacity required to engage in a child-sensitive manner. Presumptions of affiliation have been based on broad categories, such as the age, gender or ethnic affiliation of the people being screened, and screening has also been used for intelligence gathering. This practice of screening and subsequent detention often violates the right to challenge the lawfulness of the deprivation of liberty before a court or another competent, independent and impartial authority. In some instances, the presumption of affiliation can also amount to a form of collective punishment. While the Special Representative is cognizant of the need to ensure the safety of civilians, she reminds Governments in conflict-affected countries of the importance of using civilian actors with child protection expertise to carry out screening and of adhering to the last resort and shortest possible time provisions of the Convention on the Rights of the Child. Screening without clear legal oversight also leaves children open to other violations, such as extrajudicial killings, enforced disappearance and torture. In this regard, the Special Representative welcomes the continuing attention that the Human Rights Council has given to the issue of deprivation of liberty in its country-specific and thematic resolutions, which has included calls for accountability in instances of secret detention, torture and practices tantamount to torture or other cruel, inhuman or degrading treatment, including under the pretext of countering terrorism.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
SRSG on children and armed conflict: Annual report 2017, para. 12
- Paragraph text
- The risk of trafficking from situations of armed conflict is a related issue of concern for the protection of girls, including during displacement. The Special Representative welcomes the Human Rights Council's call to Governments in June 2016 to ensure that the prevention of and responses to trafficking in persons continue to take into account the specific needs of women and girls and their participation in and contribution to all phases of preventing and responding to trafficking, especially in addressing specific forms of exploitation, such as sexual exploitation. The Special Representative has also undertaken a number of initiatives to support that aim, including contributing to the report of the Secretary-General on the implementation of measures to counter trafficking in persons and addressing an event on the role of the United Nations in combating modern slavery and human trafficking in conflict, which was hosted in New York in November by the United Nations University.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
The right to mental health 2017, para. 12
- Paragraph text
- One decade later, progress is slow. Effective, acceptable and scalable treatment alternatives remain on the periphery of health-care systems, deinstitutionalization has stalled, mental health investment continues to be predominantly focused on a biomedical model and mental health legislative reform has proliferated, undermining legal capacity and equal protection under the law for people with cognitive, intellectual and psychosocial disabilities. In some countries, the abandonment of asylums has created an insidious pipeline to homelessness, hospital and prison. When international assistance is available, it often supports the renovation of large residential institutions and psychiatric hospitals, undermining progress.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 39
- Paragraph text
- The Special Rapporteur will continue and enhance work carried out under the mandate to ensure that internally displaced persons are not left behind, including in the context of the 2030 Agenda for Sustainable Development and the implementation of the Sustainable Development Goals. While there is no specific target relating to internal displacement, the Special Rapporteur emphasizes that it is incumbent upon States experiencing internal displacement to establish national implementation programmes and plans that recognize that internally displaced persons are among the most vulnerable populations, who have multiple challenges and needs relating to development priorities — including in the areas of education, health, housing, land, livelihoods and poverty.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 40
- Paragraph text
- The Special Rapporteur will continue essential work to promote the development and implementation of legal and policy frameworks that are key to addressing internal displacement at all levels. While her predecessors played a leadership role in developing key international, regional and national frameworks, including the Guiding Principles on Internal Displacement and the IASC Framework on Durable Solutions for Internally Displaced Persons, the Special Rapporteur will prioritize implementation and operationalization of these standards, in close collaboration with national governments, regional mechanisms and other relevant stakeholders. She will advocate for standards to be translated into domestic law and policy and will assist States and other organizations through direct engagement, recommendations, awareness-raising and mobilization of support. In line with this, the mandate holder will continue to co-chair, with UNHCR, the Global Protection Cluster’s task team on law and policy.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 31
- Paragraph text
- Enhanced international attention has been given to large movements of refugees and migrants, including in the context of the United Nations Summit for Refugees and Migrants, held in New York on 19 September 2016, and of subsequent processes under way to adopt global compacts on safe, orderly and regular migration and on refugees by September 2018. The Special Rapporteur urges the international community to ensure that it maintains much-needed attention on the situation of internally displaced persons, recognizing that many who have crossed international borders as refugees or undocumented or trafficked migrants have initially been internally displaced in their own countries and have not been provided with the necessary protection and support allowing them to remain in their own countries if they so wish.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 44
- Paragraph text
- At the national level, the Special Rapporteur has been deeply concerned by challenges experienced on the ground by humanitarian and development partners in the delivery of their essential services and assistance. These include challenges regarding access to persons and communities affected by internal displacement, due to security concerns or restrictions imposed by national governments, as well as by non-State armed groups and similar non-State actors, particularly in conflict situations. These obstacles seriously hamper their ability to provide essential and life-saving support. The Special Rapporteur will support and collaborate with United Nations agencies and bodies to advocate strongly for States to fulfil their obligations under international humanitarian and human rights law and standards to provide free and unfettered access to all communities in need of assistance. In this context, the Special Rapporteur would also like to give due attention to the role of non-State actors.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 45
- Paragraph text
- The Special Rapporteur is alarmed by the inadequate levels of funding available for the essential work of humanitarian and development partners and civil society, especially those on the ground. She applauds the international donor community for its essential funding of humanitarian and development responses globally. She urges donors to maintain and expand essential funding, while incorporating the provisions of the Grand Bargain on humanitarian financing, including flexibility of funding to facilitate new approaches to humanitarian crises, and new ways of working to provide greater attention to durable solutions to internal displacement. A shortfall of funding by some national governments to adequately address their internal displacement situations, as well as mismanagement of funds, poor governance and lack of accountability, have, in some cases, created overreliance on the international community, which is unsustainable in the long term.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 71
- Paragraph text
- The picture of internal displacement and the plight of internally displaced persons globally have offered little positive news in recent years. Massive and ongoing conflicts and displacement crises remain unresolved, and some have worsened or become entrenched. New conflicts have emerged and disasters struck, causing internal displacement numbers to rise relentlessly to record levels, which puts new pressure on an already overstretched international system of humanitarian response. Where conflicts have abated, internally displaced persons often do not achieve durable solutions for years after their displacement, if at all. The protracted nature of some conflicts and internal displacement all too often results in protracted humanitarian responses that fail to progress to recovery phases and towards durable solutions for internally displaced persons. In some cases, donor fatigue results in fewer resources being available to address expanding and complex caseloads of internally displaced persons.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 72
- Paragraph text
- Indeed, the numbers of internally displaced persons globally are in fact likely to be significantly higher than those publicly stated by the United Nations and other international organizations, which only take into account the available data on conflict-induced and disaster-induced displacement. It is estimated that millions more are displaced annually by other causes and drivers of displacement, including development projects and generalized violence. It must also be recognized that there is a need for greater research and more data on internal displacement as a result of slow-onset disasters and climate change, in order to reveal the current and future internal displacement trends and to better meet these challenges. The Special Rapporteur will continue to raise awareness of these neglected areas of internal displacement concern, as well as to advocate for national and international action to protect the human rights of persons who have been internally displaced as a result of all causes of displacement.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 36
- Paragraph text
- During his tenure, the former Special Rapporteur focused on durable solutions as an essential pillar of the responses to internal displacement from the very onset of displacement. As durable solutions remain elusive and many internally displaced persons globally still live in protracted displacement, the Special Rapporteur is convinced that durable solutions must remain high on the agenda if all stakeholders are to address internal displacement in a comprehensive way. Promoting durable solutions for internally displaced persons will continue to be a primary focus of the work of the mandate, and new initiatives towards this goal will include focused thematic attention to strengthening the participation of internally displaced persons in decisions affecting them, and to ensuring that internally displaced persons are included fully in transitional justice, the restoration of housing, land and property, and peacebuilding processes, which are essential components of durable solutions.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 67
- Paragraph text
- The Guiding Principles on Internal Displacement establish that the prohibition of arbitrary displacement includes displacement “in cases of large-scale development projects, which are not justified by compelling and overriding public interests” (principle No. 6). While recognizing the significant benefits that development projects often bring to societies more widely, especially those in less developed countries, questions remain as to the appropriate criteria and parameters to be applied in cases where development could lead to internal displacement. The Special Rapporteur will consult with global and national development actors, including United Nations bodies and agencies, and other stakeholders, with the objective of clarifying the practices employed and the criteria applied at all phases of development processes.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- 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. 63
- Paragraph text
- Migrants face discrimination and exploitation in the workplace and sometimes experience forced labour. They often find themselves in debt bondage as a result of exorbitant recruitment fees. Nevertheless, migrants most often do not seek redress for the violations of human rights and labour standards that they suffer, owing to their limited command of the local language, their lack of knowledge of the laws and systems, cultural barriers and the fear of detection, detention and deportation. This holds especially true for the most precarious migrants, including undocumented migrants, temporary migrant workers in sponsorship programmes and live-in migrant domestic workers, most often women.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 64
- Paragraph text
- Immigration legislation and regulations often restrict considerably the access of migrants to effective recourse and remedies, thus limiting their access to justice. Perpetrators of abuse, exploitation, violations of rights and violence against migrants too often benefit from practical immunity. Effective and accessible justice systems can be tools to overcome exclusion, discrimination and marginalization, through the development of progressive case law on economic and social rights, the enforcement of the human and labour rights of migrants and the systematic enforcement of laws prohibiting their exploitation by private or public actors.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66o
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Withholding or confiscating passports, other identity documents or work permits is prohibited; in cases where such documents are withheld by employers or labour recruiters as per legal requirement, simple procedures are in place to allow the workers direct and immediate access to the documents at any time;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 76
- Paragraph text
- Multi-stakeholder initiatives should define indicators to assess the risk level of clients and determine the intensity and frequency of audits. Such indicators should take into account elements such as State ratification and enforcement of relevant international conventions on human rights and labour standards; the existence of regulatory regimes that regulate recruitment activities in accordance with international standards and guidelines; the level of informality within the economic sector in which the client operates; the percentage of vulnerable groups in the client’s workforce, including the number of migrant, temporary, seasonal, contractual or home-based workers; the level of complexity of the client’s labour supply chains; and client’s previous record on these issues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 70
- Paragraph text
- States should make a genuine commitment to the standard of leaving no one behind by collecting disaggregated data. To monitor the implementation of the Sustainable Development Goals, it will be important to improve the availability of, and access to, data and statistics disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts to support the monitoring of the implementation of the Goals. The goal indicators should include the use of data from the existing mechanisms for monitoring compliance with human rights standards, especially the universal periodic review mechanism of the Human Rights Council and reviews of compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- 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. 3
- Paragraph text
- In the context of international migration, children may be in a situation of double vulnerability as children and as children affected by migration who (a) are migrants themselves, either alone or with their families, (b) were born to migrant parents in countries of destination or (c) remain in their country of origin while one or both parents have migrated to another country. Additional vulnerabilities could relate to their national, ethnic or social origin; gender; sexual orientation or gender identity; religion; disability; migration or residence status; citizenship status; age; economic status; political or other opinion; or other status.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- 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. 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. 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. 25
- Paragraph text
- The Committees recommend that the States parties put special emphasis on the policies and related regulations about the prevention of discriminatory practices towards migrant and refugee children with disabilities and the implementation of necessary policies and programmes for ensuring the full enjoyment of all human rights and fundamental freedoms of migrant and refugee children with disabilities on an equal basis with children who are nationals of the States, and taking into consideration the provisions enshrined in the Convention on the Rights of Persons with Disabilities.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- 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. 3
- Paragraph text
- In the context of international migration, children may be in a situation of double vulnerability as children and as children affected by migration who (a) are migrants themselves, either alone or with their families, (b) were born to migrant parents in countries of destination or (c) remain in their country of origin while one or both parents have migrated to another country. Additional vulnerabilities could relate to their national, ethnic or social origin; gender; sexual orientation or gender identity; religion; disability; migration or residence status; citizenship status; age; economic status; political or other opinion; or other status.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- 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. 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. 55
- Paragraph text
- Every migrant child should have access to health care equal to that of nationals, regardless of their migration status. This includes all health services, whether preventive or curative, and mental, physical or psychosocial care, provided in the community or in health-care institutions. States have an obligation to ensure that children’s health is not undermined as a result of discrimination, which is a significant factor contributing to vulnerability; the implications of multiple forms of discrimination should also be addressed. Attention should be paid to addressing the gender-specific impacts of reduced access to services. In addition, migrant children should be provided full access to age-appropriate sexual and reproductive health information and services.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
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