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Protection of and assistance to internally displaced persons 2017, para. 17
- Paragraph text
- Also expresses particular concern about the full range of threats, violations and abuses of human rights and violations of international humanitarian law experienced by many internally displaced persons, including women and children, who are particularly vulnerable or specifically targeted especially for sexual and gender-based violence and sexual exploitation and abuse, trafficking in persons, forced recruitment and abduction, encourages the continued commitment of the Special Rapporteur to promote action to address their particular assistance and protection needs, and calls upon States, in cooperation with international agencies and other stakeholders, to provide protection and assistance to internally displaced persons who are victims of the above-mentioned threats, violations and abuses, as well as other groups of internally displaced persons with special needs, such as severely traumatized individuals, older persons and persons with disabilities, taking into account all relevant resolutions of the General Assembly and the Security Council;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Protection of and assistance to internally displaced persons 2017, para. 3
- Paragraph text
- Encourages the Special Rapporteur, through continuous dialogue with Governments and all intergovernmental and non-governmental organizations concerned, to continue her analysis of the reasons for internal displacement and to remain apprised of the needs and human rights of those who are displaced, including the needs of those who may be in particularly vulnerable situations, including women, children, older persons and persons with disabilities, the level of emergency preparedness and ways to strengthen protection and assistance, including by enhancing the role of national human rights institutions, where appropriate, and the protection of internally displaced persons, as well as durable solutions for internally displaced persons, including by addressing possible obstacles to the exercise of housing, land and property rights for internally displaced persons, also encourages the Special Rapporteur, with regard to the latter, to use, in her activities, the Framework on Durable Solutions for Internally Displaced Persons of the Inter?Agency Standing Committee, and further encourages the Special Rapporteur to continue to advocate the needs of host communities and promote comprehensive strategies, taking into account the primary responsibility of States for the protection of and assistance to internally displaced persons within their jurisdiction;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Protection of and assistance to internally displaced persons 2017, para. 11
- Paragraph text
- Conscious also of the specific needs of those who may be particularly vulnerable, including women, children, older persons and persons with disabilities, and the need to ensure that their specific needs are met through the provision of adequate protection and access to assistance,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Roadmap for the next three years: thematic priorities of the new mandate-holder 2017, para. 60
- Paragraph text
- Under paragraph 16 (d) of Human Rights Council resolution 32/11, the mandate holder is tasked with giving special consideration to the human rights of internally displaced women and children, and of other groups with special needs, such as older persons, persons with disabilities and severely traumatized individuals, and to their particular assistance, protection and development needs. The Special Rapporteur will therefore dedicate a thematic report to the needs and protection issues facing internally displaced children, with a view to bringing renewed attention to their plight and in order to seek innovative approaches, concrete actions, and new commitments to their protection in displacement-affected countries.
- 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
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 59
- Paragraph text
- A major enabling factor for illegal adoptions is the significant discrepancy between the number of prospective parents seeking to adopt and the number of children who are truly adoptable. The discrepancy is greatest in respect of the most sought-after children (generally, those who are young and healthy), while the children most often found in care are older and have a variety of specific requirements. The unrealistic number of prospective parents fuels frustration and sometimes leads to the commission of illegal acts to obtain the much lower number of adoptable children.
- 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)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Older persons
- Year
- 2017
Paragraph
Violence against women migrant workers 2017, para. 25
- Paragraph text
- Urges Governments to support enhanced reception and reintegration assistance for those who return, with particular attention to the needs of victims of trafficking in persons and of migrants in vulnerable situations, inter alia, children, older women and women with disabilities;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Mandate of the Special Rapporteur on the human rights of internally displaced persons 2016, para. 8
- Paragraph text
- Expresses particular concern about the full range of threats, violations and abuses of human rights and violations of international humanitarian law experienced by many internally displaced persons, including women and children, who are particularly vulnerable or specifically targeted, especially for sexual and gender-based violence and sexual exploitation and abuse, trafficking in persons, forced recruitment and abduction, encourages the continued commitment of the Special Rapporteur to promote action to address their particular assistance and protection needs, and calls upon States, in cooperation with international agencies and other stakeholders, to provide protection and assistance to internally displaced persons who are victims of the above-mentioned violations and abuses, as well as other groups of internally displaced persons with special needs, such as severely traumatized individuals, older persons and persons with disabilities, taking into account all relevant resolutions of the General Assembly and the Security Council;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 43
- Paragraph text
- Particular challenges face some people within internally displaced populations, including older persons, persons with disabilities, unaccompanied minors, or members of the lesbian, gay, bisexual or transgender community. Women are made particularly vulnerable by displacement, including to sexual or gender-based violence and other human rights violations, and consequently require specific protection measures. A key protection element is disaggregated data to provide an evidence base to build a profile of internally displaced persons and assess their needs according to their circumstances. Such data is often lacking and this gap reinforces the significance of the work carried out by bodies such as the Joint Internally Displaced Person Profiling Service (JIPS; see www.jips.org/en/home).
- 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
- LGBTQI+
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
New York Declaration For Refugees and Migrants 2016, para. 5e
- Paragraph text
- [At the outset of a large movement of refugees, receiving States, bearing in mind their national capacities and international legal obligations, in cooperation, as appropriate, with the Office of the United Nations High Commissioner for Refugees, international organizations and other partners and with the support of other States as requested, in conformity with international obligations, would:] Use the registration process to identify specific assistance needs and protection arrangements, where possible, including but not exclusively for refugees with special protection concerns, such as women at risk, children, especially unaccompanied children and children separated from their families, child-headed and single-parent households, victims of trafficking, victims of trauma and survivors of sexual violence, as well as refugees with disabilities and older persons;
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Mandate of the Special Rapporteur on the human rights of internally displaced persons 2016, para. 5
- Paragraph text
- Conscious of the human rights, humanitarian, development and possible peacebuilding dimensions of internal displacement, including in long-term displacement situations, the often heightened vulnerability of women and children, as well as of older persons and persons with disabilities, and the responsibilities of States and the international community to further strengthen their protection and assistance, including by respecting and protecting the human rights and fundamental freedoms of all internally displaced persons, with a view to finding durable solutions,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Progress and challenges relating to the human rights of IDPs 2016, para. 85
- Paragraph text
- Recognition of internally displaced persons as holders of civil and political rights and economic, social and cultural rights is crucial. A human rights-based approach to internal displacement and humanitarian and development assistance to such persons requires assessments of their human rights on the basis of information that goes beyond basic displacement statistics and recognizes the unique circumstances, challenges and requirements of each individual, including women, older persons, persons with disabilities, minorities and others. It also requires a deeper level of engagement and consultation with internally displaced persons, allowing a more detailed understanding of needs, concerns and intentions and demonstrating respect for the human agency of those persons, as partners in a process of achieving solutions, rather than passive beneficiaries.
- 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
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Mandate of the Special Rapporteur on the human rights of internally displaced persons 2016, para. 16d
- Paragraph text
- [Requests the Special Rapporteur on the human rights of internally displaced persons, in carrying out the mandate:] To integrate a gender perspective throughout the work of the mandate, and to give special consideration to the human rights of internally displaced women and children, and of other groups with special needs, such as older persons, persons with disabilities and severely traumatized individuals affected by internal displacement, and their particular assistance, protection and development needs;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 70
- Paragraph text
- Internally displaced persons must have a greater say and role in shaping the nature of assistance and support that they receive and the solutions targeted at them. The Special Rapporteur has found that the common message from internally displaced persons is that they are deprived of their dignity, have little hope and feel that nobody is listening to them, let alone consulting them. Meaningful consultation and participation of internally displaced persons guarantee the durability and legitimacy of solutions and help to re-establish dignity and hope. The voices and views of displaced women, older persons, youth and those with disabilities for example, must be given equal weight to ensure that solutions are appropriate and meet the needs of all.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 59
- Paragraph text
- Although some migrants, such as children, older persons, women travelling alone and migrants with disabilities, are vulnerable, the majority are not intrinsically vulnerable. On the contrary, they are most often incredibly resilient and courageous, making life-altering decisions on a regular basis. However, through policy and practice decisions that result in a lack of effective access to justice, States may create precarious conditions of legal status or regulatory frameworks that allow many to abuse and exploit migrants with impunity. For example, there are cases in which temporary migrant worker schemes do not provide for adequate oversight mechanisms; countries that rarely enforce the prohibition of recruitment fees, leading to situations of debt bondage, and rarely streamline their labour recruitment industry to ensure it effectively protects the rights of migrants; and labour inspection mechanisms that collaborate with immigration enforcement to expel undocumented migrants rather than try to enforce labour standards against the exploitative employers of such migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
New York Declaration For Refugees and Migrants 2016, para. 58
- Paragraph text
- We strongly encourage cooperation among countries of origin or nationality, countries of transit, countries of destination and other relevant countries in ensuring that migrants who do not have permission to stay in the country of destination can return, in accordance with international obligations of all States, to their country of origin or nationality in a safe, orderly and dignified manner, preferably on a voluntary basis, taking into account national legislation in line with international law. We note that cooperation on return and readmission forms an important element of international cooperation on migration. Such cooperation would include ensuring proper identification and the provision of relevant travel documents. Any type of return, whether voluntary or otherwise, must be consistent with our obligations under international human rights law and in compliance with the principle of non refoulement. It should also respect the rules of international law and must in addition be conducted in keeping with the best interests of children and with due process. While recognizing that they apply only to States that have entered into them, we acknowledge that existing readmission agreements should be fully implemented. We support enhanced reception and reintegration assistance for those who are returned. Particular attention should be paid to the needs of migrants in vulnerable situations who return, such as children, older persons, persons with disabilities and victims of trafficking.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2016
Paragraph
Protection of and assistance to internally displaced persons 2015, para. 7
- Paragraph text
- Conscious of the human rights, humanitarian and development dimensions, as well as the possible peacebuilding dimension, of internal displacement, including in long-term displacement situations, the often heightened vulnerability of women and children as well as older persons and persons with disabilities and the responsibilities of States and the international community to further strengthen their protection and assistance, including by respecting and protecting the human rights and fundamental freedoms of all internally displaced persons, with a view to finding durable solutions,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 78
- Paragraph text
- In line with these demographic changes, the European work force is declining. In 2010, for the first time, more workers were retiring from the European labour market than were joining it. The European Union and OECD are predicting that, with a zero net increase in migration, the working age population will drop by 3.5 per cent by 2020. Over the next 50 years, the working-age population is expected to decline by nearly 42 million.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2015
Paragraph
Protection of and assistance to internally displaced persons 2015, para. 15
- Paragraph text
- Also expresses particular concern about the full range of threats, violations and abuses of human rights and violations of international humanitarian law experienced by many internally displaced persons, including women and children, who are particularly vulnerable or specifically targeted especially for sexual and gender-based violence and sexual exploitation and abuse, trafficking in persons, forced recruitment and abduction, encourages the continued commitment of the Special Rapporteur to promote action to address their particular assistance and protection needs, and calls upon States, in cooperation with international agencies and other stakeholders, to provide protection and assistance to internally displaced persons who are victims of the above-mentioned violations and abuses, as well as other groups of internally displaced persons with special needs, such as severely traumatized individuals, older persons and persons with disabilities, taking into account all relevant resolutions of the General Assembly and the Security Council;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
The Kampala Convention: a road map for action 2014, para. 87f
- Paragraph text
- [The Special Rapporteur also recommends that States Members of the African Union:] Establish or strengthen the mechanisms promoting the engagement and participation of local authorities, communities, civil society organizations and the private sector in issues relating to internal displacement; community participation should involve those who are most vulnerable; in particular, potentially vulnerable groups, such as women, children, older persons and persons with disabilities, should be fully included in disaster prevention, response planning and implementation to ensure that their specific needs are addressed;
- 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
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
The Kampala Convention: a road map for action 2014, para. 48
- Paragraph text
- Article 9 (2) of the Convention requires States to provide special protection and assistance to internally displaced persons with special needs, including separated and unaccompanied children, female heads of household, expectant mothers, mothers with young children, persons with disabilities and older persons, and to take measures for family tracing and reunification.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2014
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 43
- Paragraph text
- Migrant workers have also made important advances in addressing discrimination in economic and social contexts, such as discrimination based on citizenship or immigration status, including "undocumented" status. Migrant domestic workers, migrant construction workers (for example, those working in extractive industries or large-scale infrastructure projects), children, older migrants and migrants in irregular situations are the most vulnerable, often lacking administrative or judicial remedies for their housing claims. Migrant workers and the members of their families frequently face housing conditions characterized by overcrowding, irregular or unregulated rental markets, high exposure to arbitrary changes in the cost of rent or essential services, and substandard living conditions, and can be subject to abuse, in particular when they are undocumented.
- 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
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Year
- 2014
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 46
- Paragraph text
- Detention can be particularly damaging to vulnerable categories of migrant workers, impacting negatively on their physical and mental health. These migrant workers and members of their families may include victims of torture, unaccompanied older persons, persons with disabilities and persons living with HIV/AIDS. Special measures should be taken to protect vulnerable people deprived of their liberty, including access to adequate health services, medication and counselling. Moreover, migrant workers with disabilities and members of their families with disabilities should be provided with "reasonable accommodation" to ensure their right to enjoy their human rights and fundamental freedoms on an equal basis with others.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2013
Paragraph
Protection of and assistance to internally displaced persons 2013, para. 11
- Paragraph text
- Expresses particular concern about the grave problems faced by many internally displaced women and children, especially violence, exploitation and abuse, including sexual and gender-based violence and sexual exploitation and abuse, trafficking in persons, forced recruitment and abduction, and encourages the continued commitment of the Special Rapporteur to promote action to address their particular assistance, protection and development needs, as well as those of other groups with special needs, such as severely traumatized individuals, older persons and persons with disabilities, taking into account all relevant resolutions of the General Assembly and the Security Council;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Mandate of the Special Rapporteur on the human rights of internally displaced persons 2013, para. 6
- Paragraph text
- Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual and labour exploitation, trafficking in persons, forced recruitment and abduction, and notes the need to continue to pay more systematic and in-depth attention to their special assistance, protection and development needs, as well as those of other groups with special needs, such as older persons, persons with disabilities and severely traumatized individuals affected by internal displacement, taking into account the relevant resolutions of the General Assembly and the Human Rights Council;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Mandate of the Special Rapporteur on the human rights of internally displaced persons 2013, para. 14d
- Paragraph text
- [Requests the Special Rapporteur on the human rights of internally displaced persons, in carrying out his or her mandate:] To integrate a gender perspective throughout the work of the mandate, and to give special consideration to the human rights of internally displaced women and children, as well as of other groups with special needs, such as older persons, persons with disabilities and severely traumatized individuals affected by internal displacement, and their particular assistance, protection and development needs;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 67
- Paragraph text
- Women's migration generally does not prompt changes in the sexual division of labour; the extra unpaid care responsibilities usually fall to older women and girls within the household or community. These global care chains reflect and, in some ways, exacerbate enormous inequalities in terms of class, gender and ethnicity. The people who make up the chains, from the first to the last link, are almost exclusively female, often belong to an ethnic minority in their destination country, and generally cannot rely on State support for their care responsibilities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Movement
- Person(s) affected
- Girls
- Older persons
- Women
- Year
- 2013
Paragraph
Human rights of internally displaced persons 2012, para. 13
- Paragraph text
- Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, trafficking in persons, forced recruitment and abduction, and encourages the continued commitment of the Special Rapporteur to promote action to address their particular assistance, protection and development needs, as well as those of other groups with special needs, such as severely traumatized individuals, older persons and persons with disabilities, taking into account all relevant United Nations resolutions;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 72j
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Taking into due consideration the particular vulnerabilities of specific groups of migrants including victims of torture, unaccompanied older migrants, migrants with a mental or physical disability and migrants living with HIV/AIDS. Detention of migrants belonging to vulnerable categories and in need of special assistance should be only allowed as a measure of last resort, and they should be provided with adequate medical and psychological assistance;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 38
- Paragraph text
- Such factors often act as a persuasive deterrent against seeking redress from judicial or adjudicatory mechanisms, or may indeed represent an insurmountable obstacle for the poorest and most marginalized. This is especially so for those who have limited mobility, such as older persons or persons with disabilities, or those for whom travel is more difficult or dangerous, including women and children.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 53
- Paragraph text
- In the Special Rapporteur's view, the obligation to always consider alternatives to detention (non-custodial measures) before resorting to detention should be established by law. Detailed guidelines and proper training should be developed for judges and other State officials, such as police, border and immigration officers, in order to ensure a systematic application of non-custodial measures instead of detention. Non-custodial measures should be subject to legal review, and migrants who are subject to non-custodial measures should have access to legal counsel. When considering alternatives to detention, States must take full account of individual circumstances and those with particular vulnerabilities, including pregnant women, children, victims of trafficking, victims of torture, older persons and persons with disabilities. The least intrusive and restrictive measure possible in the individual case should be applied. Legislation should establish a sliding scale of measures from least to most restrictive, allowing for an analysis of proportionality and necessity for every measure. Some non-custodial measures may be so restrictive, either by themselves or in combination with other measures, that they amount to alternative forms of detention, instead of alternatives to detention. When considering whether the measures applied amount to detention, the cumulative impact of the restrictions as well as the degree and intensity of each of them should also be assessed.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
Paragraph