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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Rights of migrant workers in an irregular situation and members of their families 2013, para. 6 | Aug 19, 2019 | Paragraph | 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). | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
The right to social security (Art. 9) 2007, para. 39 | Aug 19, 2019 | Paragraph | 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. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2007 | ||
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 23 | Aug 19, 2019 | Paragraph | 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. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
The right of the child to be heard 2009, para. 21 | Aug 19, 2019 | Paragraph | [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. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5f | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To make the necessary changes to the prison regime for prisoners belonging to the groups referred to in the last paragraph of the preamble, so as to take into account their cultural and religious practices; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 66 | Aug 19, 2019 | Paragraph | Another means of encouraging the empowerment of women and girls is by building their social assets. This can be facilitated through the creation of safe spaces where girls and women can connect with peers, mentors, teachers and community leaders and express themselves, speak out, articulate their aspirations and concerns and participate in decisions affecting their lives. This can help them to develop self-esteem and self-efficacy, communication, negotiation and problem-solving skills and awareness of their rights and can be particularly important for migrant girls. Given that men have traditionally held positions of power and influence at all levels, their engagement is crucial to ensuring that children and women have the support and committed engagement of their families, communities, civil society and policymakers. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 11 | Aug 19, 2019 | Paragraph | Considering that the risks of discrimination in the administration and functioning of the criminal justice system have increased in recent years, partly as a result of the rise in immigration and population movements, which have prompted prejudice and feelings of xenophobia or intolerance among certain sections of the population and certain law enforcement officials, and partly as a result of the security policies and anti terrorism measures adopted by many States, which among other things have encouraged the emergence of anti Arab or anti Muslim feelings, or, as a reaction, anti Semitic feelings, in a number of countries, | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
The right to social security (Art. 9) 2007, para. 31 | Aug 19, 2019 | Paragraph | Whereas everyone has the right to social security, States parties should give special attention to those individuals and groups who traditionally face difficulties in exercising this right, in particular women, the unemployed, workers inadequately protected by social security, persons working in the informal economy, sick or injured workers, people with disabilities, older persons, children and adult dependents, domestic workers, homeworkers, minority groups, refugees, asylum-seekers, internally displaced persons, returnees, non-nationals, prisoners and detainees. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2007 | ||
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 34 | Aug 19, 2019 | Paragraph | The exercise of Covenant rights should not be conditional on, or determined by, a person's current or former place of residence; e.g. whether an individual lives or is registered in an urban or a rural area, in a formal or an informal settlement, is internally displaced or leads a nomadic lifestyle. Disparities between localities and regions should be eliminated in practice by ensuring, for example, that there is even distribution in the availability and quality of primary, secondary and palliative health-care facilities. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2009 | ||
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 5 | Aug 19, 2019 | Paragraph | This general comment applies to unaccompanied and separated children who find themselves outside their country of nationality (consistent with article 7) or, if stateless, outside their country of habitual residence. The general comment applies to all such children irrespective of their residence status and reasons for being abroad, and whether they are unaccompanied or separated. However, it does not apply to children who have not crossed an international border, even though the Committee acknowledges the many similar challenges related to internally displaced unaccompanied and separated children, recognizes that much of the guidance offered below is also valuable in relation to such children, and strongly encourages States to adopt relevant aspects of this general comment in relation to the protection, care and treatment of unaccompanied and separated children who are displaced within their own country. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2005 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 18 | Aug 19, 2019 | Paragraph | The efforts to combat harmful practices notwithstanding, the overall number of women and girls affected remains extremely high and may be increasing, including, for example, in conflict situations and as a result of technological developments such as the widespread use of social media. Through the examination of State parties' reports, the Committees have noted that there is often continued adherence to harmful practices by members of practising communities who have moved to destination countries through migration or to seek asylum. Social norms and cultural beliefs supporting such harmful practices persist and are at times emphasized by a community in an attempt to preserve its cultural identity in a new environment, in particular in destination countries where gender roles provide women and girls with greater personal freedom. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 78 | Aug 19, 2019 | Paragraph | Consideration could be given to the dissemination of information on positive experiences that followed the elimination of harmful practices within a local or diaspora community or within other practising communities from the same geographical region with similar backgrounds, as well as to the exchange of good practice, including from other regions. This may take the form of local, national or regional conferences or events, visits of community leaders or the use of audiovisual tools. In addition, awareness-raising activities need to be carefully designed so that they accurately reflect the local context, do not result in backlash reactions or foster stigma and/or discrimination against the victims and/or the practising communities. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 70 | Aug 19, 2019 | Paragraph | One of the primary challenges in the elimination of harmful practices relates to the lack of awareness or capacity of relevant professionals, including front-line professionals, to adequately understand, identify and respond to incidents or the risks of harmful practices. A comprehensive, holistic and effective approach to capacity-building should aim to engage influential leaders, such as traditional and religious leaders, and as many relevant professional groups as possible, including health, education and social workers, asylum and immigration authorities, the police, public prosecutors, judges and politicians at all levels. They need to be provided with accurate information about the practice and applicable human rights norms and standards with a view to promoting a change in the attitudes and forms of behaviour of their group and the wider community. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
Discrimination against non-citizens 2004, para. 2 | Aug 19, 2019 | Paragraph | Recalling the Durban Declaration in which the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, recognized that xenophobia against non nationals, particularly migrants, refugees and asylum-seekers, constitutes one of the main sources of contemporary racism and that human rights violations against members of such groups occur widely in the context of discriminatory, xenophobic and racist practices, | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 78 | Aug 19, 2019 | Paragraph | Consideration could be given to the dissemination of information on positive experiences that followed the elimination of harmful practices within a local or diaspora community or within other practising communities from the same geographical region with similar backgrounds, as well as to the exchange of good practice, including from other regions. This may take the form of local, national or regional conferences or events, visits of community leaders or the use of audiovisual tools. In addition, awareness-raising activities need to be carefully designed so that they accurately reflect the local context, do not result in backlash reactions or foster stigma and/or discrimination against the victims and/or the practising communities. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 78 | Aug 19, 2019 | Paragraph | While noting that the obligation of the State of employment to endeavour to facilitate the teaching of the mother tongue and culture is explicitly accorded to the children of migrant workers in a regular situation pursuant to article 45, paragraph 3, of the Convention, the Committee emphasizes that the right to respect for one's cultural identity (art. 31) belongs to all migrant workers and members of their families, including children. Considering these two provisions together, along with article 29, paragraph 1 (c), of the Convention on the Rights of the Child, which applies to all children, the Committee is of the view that States parties should also ensure access for children of migrant workers in an irregular situation to mother-tongue instruction if already available to children of migrant workers who are documented as having the same mother tongue. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 19 | Aug 19, 2019 | Paragraph | Article 3 (1) states that "[i]n all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration". In the case of a displaced child, the principle must be respected during all stages of the displacement cycle. At any of these stages, a best interests determination must be documented in preparation of any decision fundamentally impacting on the unaccompanied or separated child's life. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2005 | ||
Older women and protection of their human rights 2010, para. 13 | Aug 19, 2019 | Paragraph | The discrimination experienced by older women is often multidimensional, with the age factor compounding other forms of discrimination based on gender, ethnic origin, disability, poverty levels, sexual orientation and gender identity, migrant status, marital and family status, literacy and other grounds. Older women who are members of minority, ethnic or indigenous groups, internally displaced or stateless often experience a disproportionate degree of discrimination. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2010 | ||
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 52f | Aug 19, 2019 | Paragraph | [States parties are under an obligation to facilitate the right of everyone to take part in cultural life by taking a wide range of positive measures, including financial measures, that would contribute to the realization of this right, such as:] Taking appropriate measures or programmes to support minorities or other communities, including migrant communities, in their efforts to preserve their culture; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2009 | ||
Article 27: The rights of minorities 1994, para. 5.2. | Aug 19, 2019 | Paragraph | Article 27 confers rights on persons belonging to minorities which "exist" in a State party. Given the nature and scope of the rights envisaged under that article, it is not relevant to determine the degree of permanence that the term "exist" connotes. Those rights simply are that individuals belonging to those minorities should not be denied the right, in community with members of their group, to enjoy their own culture, to practice their religion and speak their language. Just as they need not be nationals or citizens, they need not be permanent residents. Thus, migrant workers or even visitors in a State party constituting such minorities are entitled not to be denied the exercise of those rights. As any other individual in the territory of the State party, they would, also for this purpose, have the general rights, for example, to freedom of association, of assembly, and of expression. The existence of an ethnic, religious or linguistic minority in a given State party does not depend upon a decision by that State party but requires to be established by objective criteria. | Human Rights Committee
| General Comment / Recommendation |
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| 1994 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 70 | Aug 19, 2019 | Paragraph | The reference to "contributions" in article 27, paragraph 2, does not imply that "social security," under article 27, paragraph 1, refers only to contributory social security schemes. Such a narrow reading would be contrary to article 9 of the International Covenant on Economic, Social and Cultural Rights, which recognizes "social security" as "including social insurance." Recalling that article 9 of the Covenant applies to all migrant workers, regardless of their legal status and documentation, the Committee considers that "social security" in article 27 of the Convention also covers existing non-contributory social benefits, and that migrant workers in an irregular situation shall have access to such benefits on a non-discriminatory basis, to the extent that the applicable legislation of the State party concerned provides for such an entitlement. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
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. 25 | Aug 19, 2019 | Paragraph | Nationality laws that discriminate with regard to the transmission or acquisition of nationality on the basis of prohibited grounds, including in relation to the child and/or his or her parents’ race, ethnicity, religion, gender, disability and migration status, should be repealed. Furthermore, all nationality laws should be implemented in a non-discriminatory manner, including with regard to residence status in relation to the length of residency requirements, to ensure that every child’s right to a nationality is respected, protected and fulfilled. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 22 | Aug 19, 2019 | Paragraph | States parties are also required to take effective measures to fight all manifestations of racism, xenophobia or related intolerance against migrant workers and members of their families, especially those in an irregular situation, such as hate crimes, incitement to hatred and hate speech, including by politicians and in the media, and to raise public awareness about the criminal nature of such acts as well as to promote respect for migrant workers' human rights. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
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. 51 | Aug 19, 2019 | Paragraph | States should not interfere with children’s right to housing by means of measures which prevent migrants from renting properties. Measures should be taken to ensure that migrant children, regardless of their status, are able to access homeless shelters. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
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. 51 | Aug 19, 2019 | Paragraph | States should not interfere with children’s right to housing by means of measures which prevent migrants from renting properties. Measures should be taken to ensure that migrant children, regardless of their status, are able to access homeless shelters. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Article 5 of the Convention on refugees and displaced persons 1996, para. 1 | Aug 19, 2019 | Paragraph | Draws the attention of States parties to article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination as well as the Committee's general recommendation XX (48) on article 5, and reiterates that the Convention obliges States parties to prohibit and eliminate racial discrimination in the enjoyment of civil, political, economic, social and cultural rights and freedoms; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 1996 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 10 | Aug 19, 2019 | Paragraph | Similarly, the International Covenant on Economic, Social and Cultural Rights also provides for a broader range of rights, including the right to strike, the right to freely enter marriage, the right to maternity protection, the right to special protection of children and adolescents, the right to an adequate standard of living including adequate food and clothing, and certain cultural rights. The Convention does not provide for such rights only in relation to migrant workers in a regular situation. In addition, the Covenant recognizes the rights to work, to vocational guidance and training, to form trade unions, to protection of the family, to housing, and to participate in cultural life. The Convention recognizes these rights in relation to migrant workers in a regular situation and members of their families. In addition, most of the economic, social and cultural rights in Part III of the Convention have a narrower scope than their counterparts in the Covenant. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Older women and protection of their human rights 2010, para. 24 | Aug 19, 2019 | Paragraph | In many countries, the majority of older women live in rural areas where access to services is even more difficult due to their age and poverty levels. Many older women receive irregular, insufficient or no remittances from their migrant-worker children. Denial of their right to water, food and housing is part of the everyday life of many poor, rural older women. Older women may not be able to afford proper food due to a combination of factors such as the high price of food and the inadequacy of their income due to discrimination with regard to employment , social security and access to resources. Lack of access to transportation can prevent older women from accessing social services or participating in community and cultural activities. Such lack of access may be due to the fact that older women have low incomes and the inadequacy of public policy in providing affordable and accessible public transport to meet the needs of older women. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2010 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38a | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Guarantee such persons the enjoyment of all the rights to which prisoners are entitled under the relevant international norms, in particular rights specially adapted to their situation: the right to respect for their religious and cultural practices, the right to respect for their customs as regards food, the right to relations with their families, the right to the assistance of an interpreter, the right to basic welfare benefits and, where appropriate, the right to consular assistance. The medical, psychological or social services offered to prisoners should take their cultural background into account; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
The right to social security (Art. 9) 2007, para. 56 | Aug 19, 2019 | Paragraph | States parties should ensure that the right to social security is given due attention in international agreements and, to that end, should consider the development of further legal instruments. The Committee notes the importance of establishing reciprocal bilateral and multilateral international agreements or other instruments for coordinating or harmonizing contributory social security schemes for migrant workers. Persons temporarily working in another country should be covered by the social security scheme of their home country. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2007 |