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Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 45
- Paragraph text
- The Special Rapporteur regrets that States have adopted increasingly aggressive anti-smuggling and anti-trafficking laws and policies, with a criminalization and law enforcement focus, without regard to other key elements such as the fundamental human rights obligations of States. He expresses concern about legislation in some States, which effectively allows victims of trafficking to be treated as criminals rather than victims of crime. Trafficked or smuggled, irregular migrants are in many instances prosecuted or detained because of their irregular migration or labour status as well as for using forged documentation, having left or entered a country without authorization, begging or for having worked in the sex industry. In this regard, he wishes to stress that victims of trafficking must be treated as victims of crime and protected against criminalization, including by adopting laws that protect trafficked persons from prosecution or punishment for trafficking-related offences such as holding false passports or working without authorization.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 117
- Paragraph text
- The Special Rapporteur welcomes policymaking discussions on migration in international policy platforms. The Special Rapporteur also welcomes the efforts made by the Global Migration Group to tackle migration issues from a human rights perspective, to be led by OHCHR. He also encourages inter-institutional coordination at the national level, including through specific mechanisms and with the participation of civil society, consular services, local governments and the private sector, for the development and implementation of migration policies that adopt a human-centred perspective.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 16
- Paragraph text
- In the Special Rapporteur's view, criminalizing irregular migrants for the offence of being in a country without adequate documentation makes all migrants, regardless of immigration status, vulnerable to potential racist or xenophobic acts. Societies quickly distort the particular situations of migrants, and associate them with criminality, including organized crime, drug trafficking, robbery or even terrorism. As a result, migrants are prone to xenophobic outbreaks of abuse and violence, as evidenced by some of the alleged human rights violations brought to the attention of the Special Rapporteur over the past two years.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 21
- Paragraph text
- The root causes of irregular migration are not addressed by resorting to its criminalization. Irregular migration is a complex phenomenon with multiple and interrelated causes, closely linked to three major triggers: the existence of increasingly restrictive controls in some countries of destination, as well as restrictions on legal avenues for migration (including family reunification); a rise in unemployment and social exclusion in some countries of origin, along with increased structural disparities within and among countries; and pull factors in destination countries, particularly the increased demand in the informal sectors of the labour market, which is endogenous to countries of destination.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2010
Párrafo
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 63
- Paragraph text
- The Special Rapporteur has received information on some promising legal provisions aimed at replacing immigration detention. Information received indicates that alternatives to immigration detention may vary from cost-effective options already available in several legal systems such as release on bail, bond and surety, conditional release, return to custody for specified hours following release for employment, schooling or other defined purposes, to more innovative schemes such as open and semi-open centres, directed residence and restrictions to a specified district. Information received by the Special Rapporteur indicates that examples of legal presumption against immigration detention are found, inter alia, in the legislation of Austria, Brazil, Denmark, Finland, Ireland, Lithuania, New Zealand and Switzerland.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 15
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the dangers of these policies, not only for migrants, but also for the migrants' societies of transit and destination. Research studies have already demonstrated that many enforcement mechanisms designed to prevent irregular or unauthorized migration, including harsh policies of interception, carrier sanctions and immigration control activities, may themselves be responsible for violence and abuse and may have the side effect of encouraging the expansion of smuggling and trafficking networks.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 16
- Paragraph text
- The Special Rapporteur is also concerned about a general lack of comprehensive policies and measures aimed at protecting and promoting the rights to health and adequate housing for migrants. The absence of such policies and measures may give rise to violations of the States' obligation to take steps towards the full realization of these rights. For instance, newly-arrived migrants may face a variety of challenges in accessing health care or housing, given their limited command of the language of the host State and their lack of knowledge of the laws and systems in the host countries. The enjoyment of the rights to health and adequate housing by migrants would be effectively hampered in the absence of necessary support, such as the provision of language training or free information on relevant laws and regulations.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 25
- Paragraph text
- The processes of migratory movement may also have a significant negative impact on the health of migrants before they arrive in the host country. The stricter restriction for entry to richer Northern countries has increased the use of clandestine, unofficial and dangerous entries. For instance, vulnerable groups of migrants, such as asylum-seekers, or victims of trafficking and people-smuggling, may have been exposed to sexual and gender-based violence, greater vulnerability to ill-health and may have had a diminished ability to exercise informed choices concerning their health in countries of origin or in transit. According to the World Health Organization (WHO), the exposure to risk associated with population movements also raises migrants' vulnerability to psychosocial disorders, drug abuse, alcoholism and violence. In addition, limited access to health care during the transit and early insertion phases of migration increases the resultant burden of untreated conditions.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 54
- Paragraph text
- In some occupations, such as domestic work, women migrant workers may be provided with housing by their employers or legally required to live with them as part of the conditions for their visa sponsorships. However, numerous reports indicate that the housing conditions of domestic workers are often grossly inadequate, without running water or adequate sanitary facilities. Such workers may also have no privacy and may be forced to sleep on the kitchen or bathroom floor, which degrades the workers' dignity and leads to psychological abuse. Even in such situations, migrant women would be reluctant to complain about the housing conditions for the fear of the loss of employment and forced evictions, thereby perpetuating the violations of their right to adequate housing.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personas afectadas
- Persons on the move
- Women
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 61
- Paragraph text
- The Special Rapporteur commends efforts undertaken by Governments to ensure migrants' access to economic and social rights, regardless of immigration status. For example, the Migration Law (Law 25.871 of 2004) of Argentina recognizes the State obligation to ensure equal access to, inter alia, shelter, social services, public goods, and health for migrants and their families, regardless of immigration status. In Spain, all migrants, regardless of immigration status, are also entitled to register in the local government's register, which is a requirement for, inter alia, having access to education and health care. It is worth noting that the content of the registration information is not shared with immigration authorities.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 22
- Paragraph text
- The element of accessibility stipulates that health facilities, goods and services must be physically and economically accessible by all sections of the population, especially vulnerable or marginalized groups, without discrimination on any of the prohibited grounds. To that extent, the principle of non-discrimination constitutes an important starting point, although migrants are often discriminated against, in law and in practice, while attempting to gain access to health care. Many host countries justify restricting migrants' access to health care on the grounds of protecting their welfare systems from abusive claims and, increasingly, as a means of deterring migration. While this reasoning may look attractive and may be politically useful in host countries, several studies seriously question this premise and the desired deterrent effect of such measures.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 28
- Paragraph text
- While States have developed different criteria for what constitutes emergency health care, this regrettably does not address the fundamental issue of not conditioning health care to a person's immigration status. In this regard, mere commitment to emergency care is unjustified not only from a human rights perspective, but also from a public health standpoint, as a failure to receive any type of preventive and primary care can create health risks for both migrants and their host community. Experts have suggested that given the relatively small proportion of migrants in irregular situations and their underutilization of services, providing them with access to preventive and primary care rather than with delayed emergency intervention may actually lower the costs of the health system. In this context, the Special Rapporteur stresses the critical importance of providing migrants with essential primary health care, given that migrants may often have to self-medicate and use health services at a later stage in the progression of their ailments than members of the host community.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 38
- Paragraph text
- The Special Rapporteur also expresses particular concern about the administrative detention of migrant children and recalls his earlier pronouncements that the detention of migrant children should be a last resort. He notes with concern that children suffering from serious medical conditions as well as children with disabilities were routinely kept in detention despite guidelines stating clearly they should not be. The health concerns for migrant children in detention are further exacerbated by the provision of inadequate medical services and treatment. Further, there is a failure to properly diagnose the mental health of children as well as inadequate access to counselling and other assistance.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Children
- Persons on the move
- Persons with disabilities
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 45
- Paragraph text
- Migrants may be subject to indirect discrimination in that certain criteria for accessing rental housing may have a disproportionate impact on them. For example, where landlords demand rental, credit or employment history records as part of applications for housing, newly-arrived migrants are at disadvantage as they do not have such records in the host State. The use of such criteria may constitute discrimination where they have a disproportionate impact on individuals on the grounds of citizenship or immigration status. In addition, newly-arrived migrants who do not speak the language of the host State may find it difficult to acquire information on the laws, contracts and other obligations relating to housing, as well as on governmental or community housing support.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 55
- Paragraph text
- The Special Rapporteur also recalls the linkage between violence against women and the right to adequate housing. Many migrant women are vulnerable to various forms of violence, including domestic violence, sexual abuse and harassment, physical violence and forced evictions. Such violence is a serious concern for migrant domestic workers, whose options are effectively reduced to either enduring violence or reporting it to the authorities, thereby risking homelessness and eventual loss of employment and deportation. Further, migrant women at risk of homelessness are made even more vulnerable to further violence, such as sexual exploitation and trafficking.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Women
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 62
- Paragraph text
- A number of initiatives have been also undertaken at the regional level. For example, the Migration Policy Framework for Africa, adopted by the African Union in 2006, aims at developing a coordinated migration policy based on common priorities, including the interlinkages among migration, poverty and conflict as well as between migration and health. In 2008, the Inter-American Commission on Human Rights also developed the Guidelines for the Preparation of Progress Indicators in the Area of Economic, Social and Cultural Rights, in which it recommends that States consider groups and sectors enduring situations of severe inequality which limit their enjoyment of social rights, including migrants in irregular situations. In the Asia-Pacific region, there are initiatives, such as the Joint United Nations Initiative on Mobility and HIV/AIDS in South-East Asia, which seek to develop and strengthen policies, legislation, plans and mechanisms to ensure universal access by migrants to HIV prevention, treatment, care and support services throughout the migration cycle.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 59
- Paragraph text
- Further, concern is expressed in particular with respect to independent, unaccompanied migrant children. Unaccompanied children are particularly vulnerable to social exclusion and often have limited access to housing, due to the absence of adults' assistance either via social networks or housing markets. Thus, independent and unaccompanied migrant children are more likely to be homeless or to live in collective dwelling or temporary homes of lower quality, such as shacks and rooms, compared to national children or migrant children with parents or guardians. A study conducted by the United Nations Children's Fund (UNICEF) shows that the vast majority of independent migrant children in developing countries often sleep on the streets and in markets, shop fronts and kiosks, which exposes them to inadequate sleep, sexual harassment, robbery and assault. Even where unaccompanied children are provided with housing by the State, they are often accommodated in hostels or bed and breakfast accommodation, which may not be a suitable environment for children.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2010
Párrafo
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 72a
- Paragraph text
- [The first concern for migrants is not the exact content of citizenship, but how they can obtain it, in order to achieve a legal status formally equal to that of other citizens. Access to citizenship varies in different countries, depending on the prevailing concept of nationhood. The Special Rapporteur recalls different types of models which define citizenship:] The imperial model. In this model, the definition of belonging to the nation is defined as being a subject of the same power or ruler. This model allowed the integration of the various peoples of multi-ethnic empires (British, Austro-Hungarian, Ottoman, etc.), and remained formally in operation in the United Kingdom until the Nationality Act of 1981, which created a modern type of citizenship for the first time. The concept almost always has an ideological character, in that it helps to obscure the actual dominance of a particular ethnic group or nationality over the other subject peoples;
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 76
- Paragraph text
- Finally, the Special Rapporteur is of the opinion to strengthen the importance of improving international cooperation and governance. Unfortunately, the unwillingness of states to move forward in this area can be seen in the poor ratification record of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly on 18 December 1990. In fact, only 44 States out of 192 United Nations Member States had ratified it by end of 2010. These were virtually only countries of origin; destination countries have in general not been willing to support measures designed to protect migrants at the international level.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 54
- Paragraph text
- Policy makers have been slow to identify potential responses to environmentally induced migration. Recent literature on environmentally induced movements emphasizes that migration can have positive as well as negative consequences - a factor that affects how policies are formulated. The more positive impacts occur when migration is a voluntary coping strategy that allows people time to weigh alternatives and to use migration as a way of reducing household risk. Concerning the negative impacts, the Special Rapporteur emphasizes that they stem particularly from emergency mass movements that are generally related to intensified natural disasters and to competition for resources. These movements most closely resemble refugee movements and would often require large-scale humanitarian assistance.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 61
- Paragraph text
- The Special Rapporteur also recalls that there are still wide gaps in the information available to policy makers. These gaps exist in content (how and when environmental changes become a primary driver of migration), scale and methodology (studies and methods for interdisciplinary analysis), and frameworks for appropriate migration management strategies. Little research capital has been invested in broad-scale environment-migration studies. The lack of statistically relevant data at the national or regional levels shows constraints in the design of policies that could build resilience and promote adaptation among vulnerable communities. Investing in the development of both short and long-term research, data collection, and monitoring projects could help close these gaps. Promoting inter-agency and interdisciplinary data collection and data sharing could strengthen the capability of Governments to observe and analyze migration patterns. Allowing researchers better access to official data could also enhance study results.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 70
- Paragraph text
- The Special Rapporteur deems it important that countries of destination consider immigration reform in their citizenship policies so that migrants who settle in do not remain shut out from its public political life. Such policies would combine access to the nationality of their host country in accordance with required length of residency, together with political rights and duties independent of nationality. Permitting and encouraging the political participation of long-term resident migrants would make the democratic process more representative. This would enhance its general legitimacy, improve the quality of decision making in matters that concern groups of migrant origin (such as education, remuneration, minimum age of employment, apprenticeship and training, membership of trade unions, accommodation, social security, access to health services, etc.), and would make these groups less vulnerable to xenophobia or racism in politics and in the wider society.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Movement
- Social & Cultural Rights
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 73
- Paragraph text
- All those models have one factor in common: the premise that citizens belong to just one nation State. Migrant settlement is seen as a process of transferring primary loyalty from the State of origin to the new State of residence. This process is symbolically marked by naturalization and acquisition of citizenship of the new State. Nevertheless, these models can no longer apply to growing migration trends. Moreover, the distinction between citizens and non-citizens is becoming less clear-cut. Migrants who have been legally resident in a country for many years can often obtain a "hybrid" status, tantamount to "quasi-citizenship". This may confer such rights as secure residence status; right to work, seek employment and run a business; entitlement to social security benefits and health services; access to education and training; and limited political rights such as the right of association and assembly. Such arrangements create a new legal status, which is more than that of a foreigner, but less than that of a citizen.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 18
- Paragraph text
- Also, the Special Rapporteur focused on the phenomenon of migrants travelling by sea in search of safety, refuge or simply better economic conditions. In an effort to restrict these flows, destination States have increasingly resorted to interception practices within the broader context of migratory control measures. In both cases reports indicated that adequate protection safeguards and attention to the human rights of those rescued or intercepted had not always been evident. The Special Rapporteur expressed concern about reports received concerning migrants who had been intercepted, detained or who had lost their lives at sea, in particular in the Mediterranean and Gulf regions.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Climate change and migration 2012, para. 26
- Paragraph text
- Beyond the work of OHCHR, the United Nations system as a whole is also increasingly focusing on the intersection of climate change and environmental policy and migration. The Global Migration Group, a collective of 18 United Nations agencies, the World Bank and the International Organization for Migration (IOM), was created in 2006 in recognition that migration is a complex and multidimensional issue that requires a coherent and coordinated approach from the international community (see http://www.globalmigrationgroup.org). The United Nations Educational, Scientific and Cultural Organization (UNESCO) as the Chair of the Global Migration Group in the second half of 2011, focused its statement on the relationship between climate change and migration.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
Párrafo
Climate change and migration 2012, para. 74
- Paragraph text
- For countries concerned by internal climate-change-induced migration (and, within States, for local governments), States must ensure that climate-change-induced migrants are not discriminated against; their rights should be guaranteed like those of all other citizens. States should not infringe on the human rights of climate-change-induced migrants by preventing them from moving within the State or by restricting their choice of residence (International Covenant on Civil and Political Rights, art. 12 (1)). States concerned by internal climate-change-induced migration also have the obligation to take specific actions to ensure that individuals within their jurisdiction enjoy the benefit of their rights. It is a well-settled principle under human rights law that equality does not only mean that analogous situations should receive the same treatment, but also that dissimilar situations should receive, if necessary, differentiated treatments. Climate-change-induced migrants are more vulnerable because of a lack of social structure, possible linguistic disadvantage, and health fragility due to the displacement. The specific needs of climate-change-induced migrants should be recognized and dealt with through specific programmes. Furthermore, States must take specific measures to allow arriving climate-change-induced migrants to best adapt to the community of destination. This includes in particular urban planning: whenever a city is bound to a quick and massive growth of its population, infrastructures should accordingly be developed to ensure that all individuals (newcomers and previous inhabitants) maintain a dignified life (see report of the Special Rapporteur on the human rights of internally displaced persons (A/66/285)).
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
Párrafo
Climate change and migration 2012, para. 58
- Paragraph text
- In the context of internal displacement, the Guiding Principles on Internal Displacement also provide a strong legal framework and restate relevant hard law, such as the Operational Guidelines on the Protection of Persons in Situations of Natural Disasters and the Framework on Durable Solutions for Internally Displaced Persons. In this regard, the Special Rapporteur refers to the report of the Special Rapporteur on the human rights of internally displaced persons (A/66/285), which analysed in detail the applicability of those principles in relation to climate-change-induced internal displacement.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
Párrafo
Climate change and migration 2012, para. 64
- Paragraph text
- Under the current understanding of international migration management, the inapplicability of international refugee law to the majority of climate-change-induced migrants appears to leave only the residual category of "economic migrants". Yet, this classification does not reflect the complex chain of causality between environmental change, loss of economic opportunities and forced migration. For example, slow-onset environmental phenomena, such as desertification or diminishing natural resources, may create a stronger economic tension, and thereby have an impact on a range of economic, social and cultural rights, thus spurring the need for mobility. Other climate-change-induced factors can also pose severe threats to human rights, including threats to life and livelihood, such as famine and drought, which often seem misclassified as mere incentives to migration and not worthy of proper human rights protections in themselves.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
Párrafo
Climate change and migration 2012, para. 70
- Paragraph text
- To respond appropriately to the situations of climate-change-induced migration, engagement is necessary at all levels of governance. Moreover, policy responses to the multiple impacts of climate change need to be developed simultaneously. Short-term response might be largely humanitarian, in the context of both sudden, climate-related disasters and that of slower impacts, such as food and water insecurity and access to other basic rights. However, such approaches need to be supplemented by medium- and long-term responses. Medium-term responses should focus on adaptation at the community and country levels, building resilience in populations at risk from environmental deterioration and the efficient use of technologies to better depend on the natural changing of the environment. Policy development and programming also need to be factored in. Long-term policies require international engagement in the limitation of greenhouse gas emissions in order to limit the pace of global warming.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Humanitarian
- Año
- 2012
Párrafo
Detention of migrants in an irregular situation 2012, para. 8
- Paragraph text
- The Special Rapporteur has noted that States use a wide range of reasons to justify the detention of migrants and some States see irregular migration as a national security problem or a criminal issue, and neglect the human rights issues at stake. Different categories of migrants may be subjected to detention, including migrants who are undocumented or in an irregular situation, asylum-seekers awaiting the outcome of their asylum application and failed asylum-seekers awaiting removal. The Special Rapporteur would like to emphasize that there is no empirical evidence that detention deters irregular migration or discourages persons from seeking asylum. Despite increasingly tough detention policies being introduced over the past 20 years in countries around the world, the number of irregular arrivals has not decreased. This may be due, inter alia, to the fact that migrants possibly see detention as an inevitable part of their journey.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
Párrafo