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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. 40
- Paragraph text
- Article 6 of the Convention on the Rights of the Child highlights the States parties’ obligations to ensure the right of life, survival and development of the child, including the physical, mental, moral, spiritual and social dimensions of his or her development. At any point during the migratory process, a child’s right to life and survival may be at stake owing to, inter alia, violence as a result of organized crime, violence in camps, push-back or interception operations, excessive use of force of border authorities, refusal of vessels to rescue them, or extreme conditions of travel and limited access to basic services. Unaccompanied and separated children may face further vulnerabilities and can be more exposed to risks, such as gender-based, sexual and other forms of violence and trafficking for sexual or labour exploitation. Children travelling with their families often also witness and experience violence. While migration can provide opportunities to improve living conditions and escape from abuses, migration processes can pose risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation, family separation, immigration raids and detention. At the same time, the obstacles children may face in gaining access to education, adequate housing, sufficient safe food and water or health services can negatively affect the physical, mental, spiritual, moral and social development of migrant children and children of migrants.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31a (iv)
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: Providing women in institutions, including residential care homes, asylum centres and places of deprivation of liberty, with protective and support measures in relation to gender-based violence;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 86
- Paragraph text
- The Constitutional Court used its power to assess implementation of its own judgment, issuing two further orders on the rights of displaced women. In 2008, the Court handed down a decision that was considered a global pioneer in the treatment of sexual violence during internal armed conflict. It identified 10 risks that forcibly displaced women faced, including extreme risk of sexual violence, and 18 gender facets of displacement, including patterns of discrimination and violence. Accordingly, the Court ordered the Government to create and implement 13 programmes with a gender-sensitive approach, including violence prevention, the right to health and education and access to land, justice and reparations. The Court also took an intersectoral approach, highlighting heightened risks faced by girls, indigenous, black and community women leaders, and women with disabilities. The Court ordered the allocation of sufficient resources to guarantee implementation of the programmes, refusing to recognize lack of budget as valid justification for non-compliance.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 87
- Paragraph text
- In 2015, the Court issued an order declaring the persistence of failures in the assistance, protection and access to justice for women victims of sexual violence. That decision consolidated the constitutional framework to address the gendered impact of armed conflict on the forced displacement of women in the country. That protection framework — effectively transforming a government response to forced displacement using a gender perspective — is a pioneering example globally. That extraordinary achievement was partly due to the longstanding efforts by Latin American women’s movements to strengthen the capacities of the constitutional courts in the field of women’s rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 30e (i)
- Paragraph text
- [The Committee recommends that States parties implement the following preventive measures:] Provide mandatory, recurrent and effective capacity-building, education and training for members of the judiciary, lawyers and law enforcement officers, including forensic medical personnel, legislators and health-care professionals, including in the area of sexual and reproductive health, in particular sexually transmitted infections and HIV prevention and treatment services, and all education, social and welfare personnel, including those working with women in institutions, such as residential care homes, asylum centres and prisons, to equip them to adequately prevent and address gender-based violence against women. Such education and training should promote understanding of the following: How gender stereotypes and bias lead to gender-based violence against women and inadequate responses to it;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Persons on the move
- Women
- 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. 24
- Paragraph text
- States parties should conduct a robust gender analysis of the specific impacts of migration policies and programmes on children of all genders. States parties should review and amend any gender-discriminatory restrictions on migration in law or practice that limit opportunities for girls or that do not recognize their capacity and autonomy to make their own decisions.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Girls
- Persons on the move
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 40
- Paragraph text
- As an example, the multiple, intersecting and aggravated forms of violence and discrimination based on sexual orientation and gender identity are clearly visible in the refugee and migration context, especially where a person has to flee dangers or persecution. As the Office of the United Nations High Commissioner for Refugees (UNHCR) observes: Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons of concern can suffer a wide range of discrimination and violence because of their sexual orientation or gender identity. Displaced LGBTI persons may face continued or additional discrimination in the country in which they seek asylum or as internally displaced within their country of origin. Persecution may be legally condoned (some countries continue to criminalize same-sex relationships) and in many cases LGBTI persons are ostracized by communities and rejected by their families.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- LGBTQI+
- Persons on the move
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 29c (iii)
- Paragraph text
- [The Committee recommends that States parties implement the following legislative measures:] Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence. In particular, repeal the following: All laws that prevent or deter women from reporting gender-based violence, such as guardianship laws that deprive women of legal capacity or restrict the ability of women with disabilities to testify in court, the practice of so-called “protective custody”, restrictive immigration laws that discourage women, including migrant domestic workers, from reporting such violence, and laws allowing for dual arrests in cases of domestic violence or for the prosecution of women when the perpetrator is acquitted;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Women
- 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. 42
- Paragraph text
- In the view of the Committees, the obligation of States parties under article 6 of the Convention on the Rights of the Child and article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families include the protection and reduction — to the maximum extent possible — of migration-related risks faced by children, which may jeopardize a child’s right to life, survival and development. States, especially those of transit and destination, should devote special attention to the protection of undocumented children, whether unaccompanied and separated or with families, and to the protection of asylum-seeking children, stateless children and child victims of transnational organized crime, including trafficking, sale of children, commercial sexual exploitation of children and child marriage. States should also consider the specific vulnerable circumstances that could face migrant children on the basis of their gender and other factors, such as poverty, ethnicity, disability, religion, sexual orientation, gender identity or others, that may aggravate the child’s vulnerability to sexual abuse, exploitation, violence, among other human rights abuses, throughout the entire migratory process. Specific policies and measures, including access to child-friendly, gender-sensitive and safe judicial and non-judicial remedies, should be put in place in order to fully protect and assist such children, aiming to facilitate their ability to resume their lives with their rights as children fully respected, protected and fulfilled.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Women’s economic empowerment in the changing world of work 2017, para. 40 (oo)
- Paragraph text
- Adopt national gender-responsive migration policies and legislation, in line with relevant obligations under international law, to promote the economic empowerment of women migrant workers in all sectors and protect their human rights, regardless of migration status; recognize the skills and education of women migrant workers and, as appropriate, facilitate their productive employment, decent work and integration into the labour force, including in the fields of education and science and technology;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- 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. 40
- Paragraph text
- Article 6 of the Convention on the Rights of the Child highlights the States parties’ obligations to ensure the right of life, survival and development of the child, including the physical, mental, moral, spiritual and social dimensions of his or her development. At any point during the migratory process, a child’s right to life and survival may be at stake owing to, inter alia, violence as a result of organized crime, violence in camps, push-back or interception operations, excessive use of force of border authorities, refusal of vessels to rescue them, or extreme conditions of travel and limited access to basic services. Unaccompanied and separated children may face further vulnerabilities and can be more exposed to risks, such as gender-based, sexual and other forms of violence and trafficking for sexual or labour exploitation. Children travelling with their families often also witness and experience violence. While migration can provide opportunities to improve living conditions and escape from abuses, migration processes can pose risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation, family separation, immigration raids and detention. At the same time, the obstacles children may face in gaining access to education, adequate housing, sufficient safe food and water or health services can negatively affect the physical, mental, spiritual, moral and social development of migrant children and children of migrants.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Women’s economic empowerment in the changing world of work 2017, para. 11
- Paragraph text
- The Commission also recognizes that structural barriers to women's economic empowerment throughout their life cycle in the changing world of work, including as regards their terms and conditions of employment, recruitment, retention, re-entry, promotion and progression to management or senior positions, retirement and dismissal, can be compounded by multiple and intersecting forms of discrimination in the private and public spheres, all of which can be exacerbated during economic, financial and humanitarian crises, armed conflict and post-conflict situations, natural and man-made disasters, and refugee and internal displacement settings.
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 54
- Paragraph text
- The consultations also fostered robust dialogue on strategies and engagement aimed at promoting workers’ voices and empowerment within sustainability initiatives, especially within compliance monitoring schemes, including complaints hotlines, the use of worker surveys, good practices in engaging workers during audits, training and capacity-building for workers on their rights and responsibilities in the workplace, and training on worker-management dialogue in the workplace. However, ensuring that potentially vulnerable workers, such as migrants, young people and women, were not inadvertently excluded from these new strategies was identified as a challenge.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Persons on the move
- Women
- Youth
- 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. 24
- Paragraph text
- States parties should conduct a robust gender analysis of the specific impacts of migration policies and programmes on children of all genders. States parties should review and amend any gender-discriminatory restrictions on migration in law or practice that limit opportunities for girls or that do not recognize their capacity and autonomy to make their own decisions.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Girls
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 21
- Paragraph text
- Ageing populations in some regions have caused a shift in demographics leading to labour shortages. From a purely economic perspective, such demographic shifts will add pressure and impetus to the need to balance labour supply and demand, clearly contradicting the common conception that migrants are “job stealers”.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 11
- Paragraph text
- In general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, it is indicated that the obligations of States are to respect, protect and fulfil women’s rights to non-discrimination and the enjoyment of de jure and de facto equality. The scope of those obligations in relation to gender-based violence against women occurring in particular contexts is addressed in general recommendation No. 28 and other general recommendations, including general recommendation No. 26 (2008) on women migrant workers; general recommendation No. 27 (2010) on older women and the protection of their human rights; general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations; joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices; general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women; general recommendation No. 33 (2015) on women’s access to justice; and general recommendation No. 34 (2016) on the rights of rural women. Further details on the relevant elements of the general recommendations referred to herein may be found in those recommendations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- 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. 46
- Paragraph text
- States should take all appropriate legislative and administrative measures, including a gender dimension, to regulate and protect the employment of migrant children with respect to the minimum age of employment and hazardous work. Given the specific risk to which migrant children are exposed, States shall also ensure that, in both law and practice, all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to guarantee the effective enforcement of the provisions of the Convention on the Rights of the Child and relevant international standards and that migrant children: - Enjoy fair terms of employment as well as decent working conditions, in line with internationally accepted standards - Enjoy specific protective measures regulating the hours and conditions under which children can work - Are subject to periodic medical examinations attesting to their fitness for work - Have access to justice in case of violation of their rights by public or private actors, including by ensuring effective complaints mechanisms and a firewall between labour rights and immigration enforcement
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 46
- Paragraph text
- States should take all appropriate legislative and administrative measures, including a gender dimension, to regulate and protect the employment of migrant children with respect to the minimum age of employment and hazardous work. Given the specific risk to which migrant children are exposed, States shall also ensure that, in both law and practice, all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to guarantee the effective enforcement of the provisions of the Convention on the Rights of the Child and relevant international standards and that migrant children: - Enjoy fair terms of employment as well as decent working conditions, in line with internationally accepted standards - Enjoy specific protective measures regulating the hours and conditions under which children can work - Are subject to periodic medical examinations attesting to their fitness for work - Have access to justice in case of violation of their rights by public or private actors, including by ensuring effective complaints mechanisms and a firewall between labour rights and immigration enforcement
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 12
- Paragraph text
- In general recommendation No. 28 and general recommendation No. 33, the Committee confirmed that discrimination against women was inextricably linked to other factors that affected their lives. The Committee, in its jurisprudence, has highlighted the fact that such factors include women’s ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital status, maternity, parental status, age, urban or rural location, health status, disability, property ownership, being lesbian, bisexual, transgender or intersex, illiteracy, seeking asylum, being a refugee, internally displaced or stateless, widowhood, migration status, heading households, living with HIV/AIDS, being deprived of liberty, and being in prostitution, as well as trafficking in women, situations of armed conflict, geographical remoteness and the stigmatization of women who fight for their rights, including human rights defenders. Accordingly, because women experience varying and intersecting forms of discrimination, which have an aggravating negative impact, the Committee acknowledges that gender-based violence may affect some women to different degrees, or in different ways, meaning that appropriate legal and policy responses are needed.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- 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. 43 (Goal 7.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 7. Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Women’s economic empowerment in the changing world of work 2017, para. 40 (uu)
- Paragraph text
- Ensure that women in armed conflict and post-conflict situations, women affected by natural disasters and other humanitarian emergencies and internally displaced women are empowered to effectively and meaningfully participate in leadership and decision-making processes and that the human rights of all women and girls are fully respected and protected in response and recovery strategies;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 28
- Paragraph text
- Many factors influence the decisions of migrants as to why, when, to where and how they want to migrate. The main push factors are poverty, violence, discrimination and poor governance. The main pull factors are official or unacknowledged labour needs and family reunification. Public discussion about these factors is, on the whole, extremely shallow, often constituting nothing more than scaremongering about “benefit scroungers” and migrants “stealing jobs”.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Poverty
- Person(s) affected
- 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. 42
- Paragraph text
- In the view of the Committees, the obligation of States parties under article 6 of the Convention on the Rights of the Child and article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families include the protection and reduction — to the maximum extent possible — of migration-related risks faced by children, which may jeopardize a child’s right to life, survival and development. States, especially those of transit and destination, should devote special attention to the protection of undocumented children, whether unaccompanied and separated or with families, and to the protection of asylum-seeking children, stateless children and child victims of transnational organized crime, including trafficking, sale of children, commercial sexual exploitation of children and child marriage. States should also consider the specific vulnerable circumstances that could face migrant children on the basis of their gender and other factors, such as poverty, ethnicity, disability, religion, sexual orientation, gender identity or others, that may aggravate the child’s vulnerability to sexual abuse, exploitation, violence, among other human rights abuses, throughout the entire migratory process. Specific policies and measures, including access to child-friendly, gender-sensitive and safe judicial and non-judicial remedies, should be put in place in order to fully protect and assist such children, aiming to facilitate their ability to resume their lives with their rights as children fully respected, protected and fulfilled.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 56
- Paragraph text
- While some refugee and internally displaced persons camps have separate facilities for unaccompanied or separated children, they often lack family-based solutions and have very limited capacity to face the increasing number of unaccompanied or separated children. As a consequence, children share their living space with adults or are held in prolonged detention. In addition, even when children are offered a separated living area, those are often easily accessible to everyone, especially during night-time. Moreover, certain camps fail to provide basic amenities, such as appropriate health-care services or gender-differentiated sanitation. The lack of adequate lightning, the layout of some camps and a shortage of security personnel further increase the vulnerability of children to abuse. Finally, the reluctance of many European countries to provide refugee children with a safe and permanent home continues to aggravate the situation by prolonging the stay of children in the facilities.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 77
- Paragraph text
- The Committee stresses that article 22 of the Convention recognizes that refugee and asylum-seeking children require special measures if they are to enjoy their rights and benefit from the additional safeguards given to them through the international refugee protection regime. Those adolescents should not be subjected to expedited removal procedures but rather be considered for entry into the territory and should not be returned or refused entry before a determination of their best interests has been made and a need for international protection has been established. In line with the obligation under article 2 to respect and ensure the rights of every child within their jurisdiction, irrespective of status, States should introduce age- and gender-sensitive legislation governing both unaccompanied and separated refugee and asylum-seeking adolescents, as well as migrants, underpinned by the best interests principle, prioritizing the assessment of protection needs over the determination of immigration status, prohibiting immigration-related detention and referring to the recommendations in general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, addressing the particular vulnerability of those adolescents. States should also introduce measures to address the factors driving adolescents to migrate and the vulnerabilities and rights violations faced by adolescents left behind when parents migrate, including dropping out of school, child labour, vulnerability to violence and criminal activities and burdensome domestic responsibilities.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 26
- Paragraph text
- Of particular concern are a lack of specialist care, including access to gynaecologists and obstetric health-care professionals; discriminatory access to services like harm-reduction programmes; lack of private spaces for medical examinations and confidentiality; poor treatment by prison health staff; failures in diagnosis, medical neglect and denial of medicines, including for chronic and degenerative illnesses; and reportedly higher rates of transmission of diseases such as HIV among female detainees. The absence of gender-specific health care in detention can amount to ill-treatment or, when imposed intentionally and for a prohibited purpose, to torture. States' failure to ensure adequate hygiene and sanitation and to provide appropriate facilities and materials can also amount to ill-treatment or even torture. It is essential to engage in capacity-building and adequate training for detention centre staff and health-care personnel with a view to identifying and addressing women's specific health-care and hygiene needs.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 47
- Paragraph text
- Migrant domestic workers are, like other migrants, often unprotected by worker rights. They are subject to extreme abuses, including forced labour and trafficking and gender-based violence. They may be deprived of food and sleep, denied medical treatment and prohibited from leaving their workplace. Zainab Yusuf, a Kenyan worker trafficked to Saudi Arabia, had to work 21 hours a day cleaning and caring for her employers' seven children. She could not leave the house or contact her family, and faced ongoing sexual harassment and physical abuse from her employer and his sons. Under such conditions, domestic workers have no opportunity to peacefully assemble or to associate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
New York Declaration For Refugees and Migrants 2016, para. 31
- Paragraph text
- We will ensure that our responses to large movements of refugees and migrants mainstream a gender perspective, promote gender equality and the empowerment of all women and girls and fully respect and protect the human rights of women and girls. We will combat sexual and gender-based violence to the greatest extent possible. We will provide access to sexual and reproductive health-care services. We will tackle the multiple and intersecting forms of discrimination against refugee and migrant women and girls. At the same time, recognizing the significant contribution and leadership of women in refugee and migrant communities, we will work to ensure their full, equal and meaningful participation in the development of local solutions and opportunities. We will take into consideration the different needs, vulnerabilities and capacities of women, girls, boys and men.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Movement
- Person(s) affected
- Boys
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 32
- Paragraph text
- Upon interception or rescue, migrants and refugees tend to be criminalized and detained in substandard and overcrowded conditions amounting to torture or ill-treatment. Unsanitary conditions and inadequate medical care, including lack of access to reproductive care, affect women in particular. Many facilities fail to separate female and male prisoners, leading to heightened risks of sexual violence from other detainees or guards (A/HRC/20/24). Lesbian, gay, bisexual and transgender migrants are also vulnerable to abuse on the basis of their sexual orientation and gender identity.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Humanitarian
- Movement
- Violence
- Person(s) affected
- LGBTQI+
- Persons on the move
- Women
- Year
- 2016
Paragraph
Women's empowerment and the link to sustainable development 2016, para. 23i
- Paragraph text
- [The Commission [...] urges Governments, at all levels [...] to take the following actions:] [Strengthening normative, legal and policy frameworks]: Recognize the contribution of migrants, including women migrant workers, to sustainable development, and acknowledge the need to eliminate violence and discrimination against women migrant workers and to promote their empowerment, including through international, regional or bilateral cooperation among all stakeholders, in particular countries of origin, transit and destination;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph