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New York Declaration For Refugees and Migrants 2016, para. 13
- Paragraph text
- All human beings are born free and equal in dignity and rights. Everyone has the right to recognition everywhere as a person before the law. We recall that our obligations under international law prohibit discrimination of any kind on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Yet in many parts of the world we are witnessing, with great concern, increasingly xenophobic and racist responses to refugees and migrants.
- Legal status
- Negotiated soft law
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
New York Declaration For Refugees and Migrants 2016, para. 14
- Paragraph text
- We strongly condemn acts and manifestations of racism, racial discrimination, xenophobia and related intolerance against refugees and migrants, and the stereotypes often applied to them, including on the basis of religion or belief. Diversity enriches every society and contributes to social cohesion. Demonizing refugees or migrants offends profoundly against the values of dignity and equality for every human being, to which we have committed ourselves. Gathered today at the United Nations, the birthplace and custodian of these universal values, we deplore all manifestations of xenophobia, racial discrimination and intolerance. We will take a range of steps to counter such attitudes and behaviour, in particular with regard to hate crimes, hate speech and racial violence. We welcome the global campaign proposed by the Secretary-General to counter xenophobia and we will implement it in cooperation with the United Nations and all relevant stakeholders, in accordance with international law. The campaign will emphasize, inter alia, direct personal contact between host communities and refugees and migrants and will highlight the positive contributions made by the latter, as well as our common humanity.
- Legal status
- Negotiated soft law
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
New York Declaration For Refugees and Migrants 2016, para. 39
- Paragraph text
- We commit to combating xenophobia, racism and discrimination in our societies against refugees and migrants. We will take measures to improve their integration and inclusion, as appropriate, and with particular reference to access to education, health care, justice and language training. We recognize that these measures will reduce the risks of marginalization and radicalization. National policies relating to integration and inclusion will be developed, as appropriate, in conjunction with relevant civil society organizations, including faith-based organizations, the private sector, employers' and workers' organizations and other stakeholders. We also note the obligation for refugees and migrants to observe the laws and regulations of their host countries.
- Legal status
- Negotiated soft law
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Programme of Action of the International Conference on Population and Development 1994, para. 9.15
- Paragraph text
- In order to improve the plight of the urban poor, many of whom work in the informal sector of the economy, Governments are urged to promote the integration of migrants from rural areas into urban areas and to develop and improve their income-earning capability by facilitating their access to employment, credit, production, marketing opportunities, basic education, health services, vocational training and transportation, with special attention to the situation of women workers and women heads of households. Child-care centres and special protection and rehabilitation programmes for street children should be established.
- Legal status
- Negotiated soft law
- Body
- International Conference on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Economic Rights
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 1994
Paragraph
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 2k
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Review and revise, as appropriate, emigration policies with a view to eliminating all discriminatory policies and practices against migrants, especially women and children, and to protect fully all their human rights, regardless of their legal status, as well as to provide them with humane treatment;
- Legal status
- Negotiated soft law
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2001
Paragraph
Programme of Action of the International Conference on Population and Development 1994, para. 10.9
- Paragraph text
- Documented migrants are those who satisfy all the legal requirements to enter, stay and, if applicable, hold employment in the country of destination. In some countries, many documented migrants have, over time, acquired the right to long-term residence. In such cases, the integration of documented migrants into the host society is generally desirable, and for that purpose it is important to extend to them the same social, economic and legal rights as those enjoyed by citizens, in accordance with national legislation. The family reunification of documented migrants is an important factor in international migration. It is also important to protect documented migrants and their families from racism, ethnocentrism and xenophobia, and to respect their physical integrity, dignity, religious beliefs and cultural values. Documented migration is generally beneficial to the host country, since migrants are in general concentrated in the most productive ages and have skills needed by the receiving country, and their admission is congruent with the policies of the Government. The remittances of documented migrants to their countries of origin often constitute a very important source of foreign exchange and are instrumental in improving the well-being of relatives left behind.
- Legal status
- Negotiated soft law
- Body
- International Conference on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 1994
Paragraph
Programme of Action of the International Conference on Population and Development 1994, para. 10.12
- Paragraph text
- In order to promote the integration of documented migrants having the right to long-term residence, Governments of receiving countries are urged to consider giving them civil and political rights and responsibilities, as appropriate, and facilitating their naturalization. Special efforts should be made to enhance the integration of the children of long-term migrants by providing them with educational and training opportunities equal to those of nationals, allowing them to exercise an economic activity, and facilitating the naturalization of those who have been raised in the receiving country. Consistent with article 10 of the Convention on the Rights of the Child and all other relevant universally recognized human rights instruments, all Governments, particularly those of receiving countries, must recognize the vital importance of family reunification and promote its integration into their national legislation in order to ensure the protection of the unity of the families of documented migrants. Governments of receiving countries must ensure the protection of migrants and their families, giving priority to programmes and strategies that combat religious intolerance, racism, ethnocentrism, xenophobia and gender discrimination and that generate the necessary public sensitivity in that regard.
- Legal status
- Negotiated soft law
- Body
- International Conference on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1994
Paragraph
Programme of Action of the International Conference on Population and Development 1994, para. 10.10e
- Paragraph text
- [The objectives are:] To ensure the respect of the cultural and religious values, beliefs and practices of documented migrants, in so far as they accord with national legislation and universally recognized human rights;
- Legal status
- Negotiated soft law
- Body
- International Conference on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 1994
Paragraph
Programme of Action of the International Conference on Population and Development 1994, para. 10.11
- Paragraph text
- Governments of receiving countries are urged to consider extending to documented migrants who meet appropriate length-of-stay requirements, and to members of their families whose stay in the receiving country is regular, treatment equal to that accorded their own nationals with regard to the enjoyment of basic human rights, including equality of opportunity and treatment in respect of religious practices, working conditions, social security, participation in trade unions, access to health, education, cultural and other social services, as well as equal access to the judicial system and equal treatment before the law. Governments of receiving countries are further urged to take appropriate steps to avoid all forms of discrimination against migrants, including eliminating discriminatory practices concerning their nationality and the nationality of their children, and to protect their rights and safety. Women and children who migrate as family members should be protected from abuse or denial of their human rights by their sponsors, and Governments are asked to consider extending their stay should the family relationship dissolve, within the limits of national legislation.
- Legal status
- Negotiated soft law
- Body
- International Conference on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 1994
Paragraph
A world fit for children 2002, para. 44.11
- Paragraph text
- [To achieve these goals, we will implement the following strategies and actions:] Adopt and implement policies for the prevention, protection, rehabilitation and reintegration, as appropriate, of children living in disadvantaged social situations and who are at risk, including orphans, abandoned children, children of migrant workers, children working and/or living on the street and children living in extreme poverty, and ensure their access to education, health, and social services as appropriate.
- Legal status
- Negotiated soft law
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2002
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 6
- Paragraph text
- Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).
- Legal status
- Non-negotiated soft law
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
The right to social security (Art. 9) 2007, para. 39
- Paragraph text
- Internally displaced persons should not suffer from any discrimination in the enjoyment of their right to social security and States parties should take proactive measures to ensure equal access to schemes, for example by waiving, where applicable, residence requirements and making allowance for provision of benefits or other related services at the place of displacement. Internal migrants should be able to access social security from their place of residence, and residence registration systems should not restrict access to social security for individuals who move to another district where they are not registered.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2007
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 23
- Paragraph text
- Article 22: Refugee and asylum-seeking children face profound challenges in realizing their rights under article 31 as they often experience both dislocation from their own traditions and culture and exclusion from the culture of the host country. Efforts must be made to ensure that refugee and asylum-seeking children have equal opportunities with children from the host country to enjoy the rights provided for in article 31. Recognition must also be afforded to the right of refugee children to preserve and practice their own recreational, cultural and artistic traditions.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
The right of the child to be heard 2009, para. 21
- Paragraph text
- [The Committee emphasizes that article 12 imposes no age limit on the right of the child to express her or his views, and discourages States parties from introducing age limits either in law or in practice which would restrict the child's right to be heard in all matters affecting her or him. In this respect, the Committee underlines the following:] Third, States parties are also under the obligation to ensure the implementation of this right for children experiencing difficulties in making their views heard. For instance, children with disabilities should be equipped with, and enabled to use, any mode of communication necessary to facilitate the expression of their views. Efforts must also be made to recognize the right to expression of views for minority, indigenous and migrant children and other children who do not speak the majority language.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Year
- 2009
Paragraph
Migrant worker’s right to health 2013, para. 44
- Paragraph text
- Health-seeking behaviour can be influenced by a migrant worker's cultural background. Cultural misunderstandings and apprehension of procedures which they are not traditionally and culturally familiar with act as barriers to access. Migrant workers may therefore prefer doctors who practise their native traditional systems of medicines and who better understand their diseases, as opposed to the host State's health-care providers, who are perceived to lack cultural sensitivity to their health problems and sometimes racist and therefore discriminatory.
- Legal status
- Non-negotiated soft law
- 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)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migration and the right to adequate housing 2010, para. 58
- Paragraph text
- In some cases, non-citizens are subject to double discrimination as both migrants and members of minority groups. During her missions, the Special Rapporteur has encountered numerous cases of migrants from minority groups who have been denied residency permits even though they have lived in the host country for decades or even generations. The lack of regularization obstructs their access to housing in private markets as well as housing assistance from local governments. The Special Rapporteur also received numerous complaints of forced eviction of migrants belonging to minority groups.
- Legal status
- Non-negotiated soft law
- 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)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 20
- Paragraph text
- In its conclusions on Albania of 2006, the European Committee of Social Rights recalled that according to article 19, paragraph 4, of the European Social Charter, States must eliminate all legal and de facto discrimination concerning access to public and private housing for migrant workers and that, accordingly, no legal or de facto restrictions on subsidized housing may be implemented. In its conclusions on the United Kingdom of Great Britain and Northern Ireland, the Committee noted that there were no objective, pre-established and easily understandable eligibility criteria to qualify for housing benefits, and requested information from the Government on the number of foreign nationals who had been refused any form of social assistance on the grounds that they did not satisfy the habitual residence condition. Furthermore, in its decision on the case DCI vs. the Netherlands, the Committee stated that the State must provide adequate shelter to undocumented migrant children under its jurisdiction.
- Legal status
- Non-negotiated soft law
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 22
- Paragraph text
- Discrimination is often a precondition and by-product of the marginalization to which certain groups and individuals are subject and is the root of many inequalities in society. On many occasions migrants suffer multiple forms of discrimination on the basis of national origin, culture, religion or sex. The multiple layers of discrimination and exclusion faced by migrants affect their access to adequate housing. This marginalization is often a manifestation of larger forms of structural discrimination that extend through the institutional, cultural, social and economic fabric of society, adversely affecting the housing conditions and overall well-being of migrants.
- Legal status
- Non-negotiated soft law
- 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)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 46
- Paragraph text
- Violence and forced evictions targeted towards migrants also raise serious concerns in this regard. Migrants living in informal settlements are often victims of forced evictions in the context of urban renewal projects. When no alternative accommodation is provided by the government, undocumented migrants, who often lack access to social security and services, are rendered homeless, forced to move in with friends or relatives or pushed to the outskirts of the city. In some cases, forced evictions are followed by deportation (see A/HRC/14/30, para. 52).
- Legal status
- Non-negotiated soft law
- 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)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 59
- Paragraph text
- The main purpose of community land trusts is to lock the value of the land in order to preserve the long-term affordability of housing for low- and middle-income households. Such affordability and location aspects are therefore one of the main pillars of community land trusts, and purchase or rental prices are usually below market value (typically 20 to 65 per cent), essentially because the leaseholder only pays for the home and not the land. In exchange, homeowners accept limitations when reselling their homes, usually committing to a maximum 25 per cent profit of the original price paid. This allows future low- to moderate-income households to access the same property at an affordable cost and help the community to resist gentrification processes and development-related displacement.
- Legal status
- Non-negotiated soft law
- 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
- Persons on the move
- Year
- 2013
Paragraph
Mapping and framing security of tenure 2013, para. 57
- Paragraph text
- Further questions remain as to the exact circumstances under which evictions may be carried out, with a view to restricting their occurrence. According to the Committee on Economic, Social and Cultural Rights and as reiterated in the basic principles and guidelines on development-based evictions and displacement, evictions can take place only in the "most exceptional circumstances". Jurisprudence from national and regional bodies that has developed since this language was adopted could be used to more clearly define what the phrase "most exceptional circumstances" entails. For example, the "just and equitable" jurisprudence from South Africa as well as European Court of Human Rights jurisprudence regarding proportionality are highly pertinent in seeking to better understand this phrase and in identifying what constitutes a public purpose of the type that is often cited as reason to evict.
- Legal status
- Non-negotiated soft law
- 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)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 60
- Paragraph text
- Seoul, in the Republic of Korea, has named itself a human rights city, having adopted an ordinance in 2012 to protect and promote human rights for its citizens. The ordinance establishes a Human Rights Division within the city government, human rights policies, a Committee on Human Rights and a Human Rights Ombudsperson to ensure access to remedies for rights violations. The Ombudsman has become a model for other local governments in the country. With respect to housing, Seoul has adopted measures and guidelines, particularly on forced evictions, to protect its residents. The guidelines are based on general comment No. 7 on forced evictions of the Committee on Economic, Social and Cultural Rights, and prohibit evictions in winter or at night and require civil servants to be present to monitor any human rights violations when executing an eviction and to provide adequate remedies to those who are evicted, among others.
- Legal status
- Non-negotiated soft law
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 21d
- Paragraph text
- [The Special Rapporteur has identified a number of common challenges experienced at the local level with respect to the implementation of the right to adequate housing:] Protectionism and discrimination: When communities define themselves around a local identity, there can be a tendency to exclude perceived "outsiders", such as migrants, refugees, asylum seekers and ethnic, religious or other minorities. That often leads to discriminatory barriers in accessing and maintaining adequate housing and related programmes. Scapegoating, stigmatization and discrimination against homeless people can also be more pronounced at the local level, where communities may define themselves as homogeneous and coalesce to drive disadvantaged groups out of local communities.
- Legal status
- Non-negotiated soft law
- 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)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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.
- Legal status
- Non-negotiated soft law
- 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
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 41
- Paragraph text
- Given that national censuses often omit informal settlements or internally displaced persons for lack of documentation, there may be little knowledge of the size or profile of the urban internally displaced population. National censuses, as conducted in Cote d'Ivoire in 2014, must be designed to identify internally displaced persons and their location. Experience shows, however, that, when confronted by outsiders asking questions, internally displaced persons feel threatened, especially if they fear eviction or if they are asked questions relating to the informal sector.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Human rights of internally displaced persons in the context of the Post-2015 development agenda 2015, para. 68
- Paragraph text
- During the Special Rapporteur's visit to Sri Lanka in December 2013, he noted obstacles to durable solutions for IDPs in their lack of access to their original land, which prevented their return and their having sustainable livelihoods. He stressed that significant efforts were required to ensure that the livelihoods of IDPs were restored. During his visit to Ukraine in September 2014, the Special Rapporteur was informed of the difficulty faced by IDPs in finding employment and income-generating opportunities. Some IDPs described problems with their residence registration in their places of origin, their work records which remained with former employers, and discrimination when they identified themselves as IDPs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 68
- Paragraph text
- With regards to communities of migrant origin, the Special Rapporteur recalls that these communities include citizens as well as non-citizen residents, whatever their legal status in the country might be (i.e. regular or not). The political integration of these persons of migrant origin depends not only on their individual rights, but also on opportunities and incentives for their participation in political life. Access to political rights through admission to citizenship or through extending the franchise to noncitizens would not alleviate the problematic if the new citizens have lower voting rates in elections and are strongly underrepresented in public offices, parliaments and political parties.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Detention of migrants in an irregular situation 2012, para. 62
- Paragraph text
- Designated residence usually entails either housing persons in communal houses and apartments, or directing them to live in a certain region or district within the country. Prior approval may be needed to change address or move out of the administrative region. This measure is sometimes used to share the "burden" of receiving immigrants between different regions of a given country. Sometimes a designated residence may be in an isolated area, and it is important to ensure that the location of the designated residence allows the persons involved to access health-care services, education and legal assistance, and employment opportunities where appropriate. Furthermore, the use of designated residence may undermine the freedom of movement of the migrants concerned and should therefore be used with caution.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 64c
- Paragraph text
- [Targets should include:] All children, including migrant children, irrespective of their status and circumstances, receive culturally appropriate education;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 44
- Paragraph text
- The Special Rapporteur has received information indicating that many migrants are not provided with social security benefits. Migrants frequently risk losing entitlement to social security benefits in their home country due to their absence, and at the same time they may encounter restrictive conditions under the social security system of their country of employment. Portability of social security for migrants who wish to return to their home country is also problematic. Social security is particularly difficult to access for irregular migrants. While irregular migrants are often not able to participate in contributory schemes, they still contribute to financing social protection schemes by paying indirect taxes. Also, temporary migrants have difficult access to social security, due to long residency requirements.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph