CED/C/GC/1 7. Furthermore, other factors – including rigid, securitized and increasingly militarized migration and border governance policies of States, which are often grounded in deterrence, coupled with discriminatory attitudes and practices against and a general trend of criminalization of migrants and those who assist them, and widespread impunity of those who violate the rights of migrants15 – indirectly contribute to the disappearance of migrants, by forcing them to choose increasingly dangerous routes that traverse hostile environments or areas affected by armed conflict or other situations of violence and to turn to criminal networks of smugglers or traffickers, which expose them to human rights violations and exploitation, including becoming victims of enforced disappearance. This phenomenon affects all regions of the world, without exception. 8. Among the factors that contribute to the enforced disappearance of migrants, the issue of discrimination is of specific concern:16 (a) Discrimination may trigger migration among those exposed to structural or direct discrimination in their country of origin or residence; (b) Migration policies may contain discriminatory elements, such as restrictions on visas or residence permits for persons from certain countries or regions or for persons of certain nationalities; (c) Certain groups of migrants may face discrimination during the migration process on the basis of migratory or socioeconomic status or other personal characteristics, such as religion, race, colour, ethnic or national origin, age, sex, sexual orientation or gender identity, which makes them even more vulnerable to becoming victims of enforced disappearance;17 (d) Discrimination may also affect the enjoyment by victims and their relatives of their rights concerning access to justice, including, but not limited to, participation in the investigation and search, access to legal aid, information in a language that they understand, protection and support, and presence during court proceedings. 9. The Committee emphasizes that the principle of non-discrimination is fundamental in international human rights instruments, being regarded as a jus cogens norm.18 It must be adhered to at all times by States parties in the implementation of their obligations under the Convention relating to the prevention of and response to cases of disappearance. Indeed, as set out in article 1 of the Convention, no one shall be subjected to enforced disappearance and no exceptional circumstances may be invoked as a justification for enforced disappearance. Consequently, the obligations of States parties under the Convention apply regardless of the nationality, origin or migratory status of the victims. 10. As the contexts and modalities of enforced disappearance evolve over time, the Committee aims to ensure a prompt and proactive response to present-day realities. Considering the serious and highly worrying developments in enforced disappearance in the context of migration, and given the inherently preventive character of the Convention, the Committee decided to focus its first general comment on assisting States parties to fulfil their relevant obligations under the Convention with regard to preventing and responding to this crime. The Committee is thereby addressing one aspect of the ongoing human rights concerns and humanitarian crisis in the context of migration, building upon the existing universal and regional legal and policy instruments applicable to the multiple human rights violations that migrants face throughout their journeys, 19 through the lens of the obligations established 15 16 17 18 19 GE.23-19531 A/HRC/36/39/Add.2, paras. 50 and 51. CED/C/BRA/CO/1, para. 23 (c); and CED/C/MEX/VR/1 (Recommendations), para. 39. Border Violence Monitoring Network, “EU member States’ use of new technologies in enforced disappearances: input for the thematic study by the UN Working Group in Enforced or Involuntary Disappearances on ��new technologies and enforced disappearances’” (2023), para. 9. Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021) on migrants’ rights to liberty and freedom from arbitrary detention and their connection with other human rights, para. 32. The Global Compact for Safe, Orderly and Regular Migration contains several objectives that are of direct relevance to States parties’ obligations to prevent and respond to the disappearance of migrants and are directly related to the risk of disappearance during the process of migration. The following 3