A/HRC/RES/23/20
Stressing the need for States to develop adequate procedures for detention and
expulsions that ensure respect for legal, procedural and substantive guarantees consistent
with their international obligations,
1.
Takes note with appreciation of the report of the Special Rapporteur on the
human rights of migrants,1 and welcomes his work;
2.
Calls upon States that have not yet done so to consider signing and ratifying
or acceding to the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families as a matter of priority, and requests the SecretaryGeneral to continue his efforts to promote and raise awareness of the Convention;
3.
Expresses its concern at legislation and measures adopted by some States that
may restrict the human rights and fundamental freedoms of migrants, and reaffirms that,
when exercising their sovereign right to enact and implement migration and border security
measures, States have the duty to comply with their obligations under international law,
including international human rights law, in order to ensure full respect for the human
rights of all migrants;
4.
Calls upon States and regional and international organizations with
competence in the field of regulating migration and implementing migration policies:
(a)
To effectively promote and protect the human rights and fundamental
freedoms of all migrants, including, in particular, the right to life, liberty and security of
person, especially those of women and children, regardless of their immigration status, in
conformity with the Universal Declaration of Human Rights and the international human
rights instruments to which they are party;
(b)
To adopt concrete measures to prevent violations of the human rights of
migrants while in transit, including in ports and airports and at borders and migration
checkpoints, to train public officials who work in those facilities and in border areas to treat
migrants and their families respectfully and in accordance with their obligations under
international human rights law, and to pay particular attention to women and girls, who
may be exposed to sexual violence;
(c)
To prosecute, in conformity with applicable law, acts of violation of the
human rights of migrants and their families, such as arbitrary detention, torture and
violations of the right to life, including extrajudicial executions, during their transit from
their country of origin to the country of destination and vice versa, including their transit
through national borders;
(d)
To regularly assess their policies of migration control and enforcement with
regard to the risks they may pose for the loss of life of migrants, and to continue efforts to
avoid human tragedies in border crossings by land or sea;
(e)
To promote and protect the right of all persons to the highest attainable
standard of physical and mental health without discrimination of any kind and, to this end,
to provide emergency medical and first-aid attention for migrants who need it, regardless of
their immigration status, and to create a safe and enabling environment in which individuals
and organizations that provide such attention can operate free from hindrance and
insecurity;
(f)
To take care that domestic law and administrative provisions and their
application facilitate the work of humanitarian workers, human rights defenders and any
other actor providing humanitarian assistance to and defending the human rights of
1
A/HRC/23/46.
3