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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
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Climate change and migration 2012, para. 93c
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] In their assessment and planning programmes for devising mitigation and adaptation strategies in order to cope with climate change, States must identify the priority vulnerable populations who are susceptible to migrate internally or internationally for causes at least partly related to climate change, as well as those who should migrate but are not able to do so, and identify their specific needs;
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Climate change and migration 2012, para. 93b
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] Considering the difficulty of obtaining reliable data on climate-change-induced migration, States, and especially States with economic means, should provide more support for research on climate-change-induced migration, including on the definition of such migration, and the production of reliable disaggregated statistical data, that would allow policymakers at all levels of governance to identify the populations most at risk of climate-change-induced displacement and develop strategies to alleviate their vulnerability;
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Global migration governance 2013, para. 127
- Paragraph text
- All States should establish human rights-based, coherent and comprehensive national migration policies. These policies should address the "pull" factors for irregular migration, namely the unrecognized need for migrant labour in destination States, including for low-skilled workers, and the corresponding need to open up a greater number of regular migration channels, which would lead to fewer instances of irregular migration, less smuggling of migrants, less exploitation of irregular migrants and less loss of life. In this respect, States must ensure that "irregular employers" are sanctioned, labour exploitation is punished and migrants, including those in an irregular situation, have access to national courts and tribunals, which should effectively apply the international human rights treaties in providing appropriate redress. States should implement a "firewall" between immigration enforcement and public services and improve data collection and indicators in all areas relevant to migration in order to make informed policy decisions.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Global migration governance 2013, para. 132
- Paragraph text
- The High-level Dialogue on International Migration to be held in 2013 is an important moment to reflect on the mainstreaming of human rights into all aspects of the migration debate.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Global migration governance 2013, para. 141
- Paragraph text
- The Human Rights Council should consider holding an annual panel discussion on the human rights of migrants, with a different thematic focus each year.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Global migration governance 2013, para. 129
- Paragraph text
- States should recognize the need for a stronger human rights-based institutional framework for migration at the United Nations. This could, in turn, have a positive effect on informal migration governance outside the United Nations, including the Global Forum on Migration and Development and regional consultative processes. In this respect, the Special Rapporteur urges all United Nations Member States to consider the possibility of creating a new organization with a specific mandate on international migration. This could be achieved, inter alia, by bringing IOM into the United Nations system. However, the Special Rapporteur notes that this would require that IOM be given a revised mandate that should include at its core the protection of the human rights of all migrants. The new "IOM-based" agency should also be provided with adequate resources that are not project-driven only.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Global migration governance 2013, para. 136
- Paragraph text
- States should consider enhancing civil society participation at the Global Forum.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Human rights of migrants in the post-2015 development agenda 2014, para. 109i
- Paragraph text
- [To guarantee inclusive sustainable development, the post-2015 agenda should focus on promoting and protecting the human rights of all marginalized groups, including migrants, irrespective of their status or circumstances, and on more comprehensive information about how progress is distributed. Accordingly, it should:] Develop inclusive processes, so as to allow for national consultations that create better understanding of and adaptation to each goal, target and indicator, according to national contexts, especially taking into account and carrying the voice of marginalized groups, including migrants.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons on the move
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Recruitment practices and the human rights of migrants 2015, para. 74
- Paragraph text
- A complex network of actors is involved in the current system of recruitment for low-wage economic migrants, including: many different components of the State architecture in countries of origin and destination, recruiters themselves, subcontractors of recruiters, employers, direct contractors of employers that use migrant workers, parent companies and other business entities further up the supply chain, domestic households, trade unions, business associations, civil society organizations, workers themselves, friends and families of migrants, and regional and international organizations. The complexity of the network of all those involved, and the opaque and underground way in which unethical recruitment takes place, makes it difficult to fully understand the system and to develop clear accountability for the rights of migrants.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Labour exploitation of migrants 2014, para. 68
- Paragraph text
- A large part of the labour exploitation that migrants suffer is linked to recruitment agencies, which extort high recruitment fees, despite this being prohibited by the ILO Private Employment Agencies Convention, and deceive prospective migrants on their prospective salaries, job descriptions, working hours, overtime, days off, lodging and social protection. International standards on business and human rights provide that private actors must as a minimum respect the human rights of their workers. The private sector, including recruitment agencies and employers, play an important role in labour exploitation of migrants, and must therefore be part of the solution. Governments must effectively regulate the recruitment industry.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Comply with all relevant international human rights and labour standards
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Recruitment practices and the human rights of migrants 2015, para. 75
- Paragraph text
- While wholesale transition to an ethical system is undoubtedly challenging, it is not beyond the moral agency of Governments to facilitate such a change. Businesses do not operate in a vacuum that is outside the control of sovereign Governments. Governments set the regulatory and legal environment in which private entities can undertake their activities. Voluntary private compliance is not enough to protect the rights of migrants and sustained political will is needed to ensure that Governments use their legislative, policymaking, investigative and judicial powers to protect the rights of individuals regardless of nationality.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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. 90
- Paragraph text
- To achieve sustainable success, the European Union must consider how its founding principles and normative standards apply to those who are not citizens of its member States. It must use fact-based analysis and rational, long-term thinking to challenge the many negative conceptualizations that underpin current social and policy debates relating to migration within the Union. These include the strict delineation between internal and external migrants, the idea of irregular migrants as being "illegal", the preoccupation with irregular, non-European Union migration as being a "burden" within the context of continuing fiscal challenges and the perception of migrants as being "job stealers" who deprive native citizens of economic opportunities.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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. 113
- Paragraph text
- [To the European Union and its member States] Remove barriers to access to justice ensuring migrants can effectively - and not simply on paper - access legal remedy for violations of their rights. Facilitating access to justice, without fear of detection, detention or deportation, in order to help migrants fight for their rights, would go a long way towards, on the one hand, legitimizing new migration policies by showing that territorial sovereignty and human rights are not incompatible, and, on the other hand, changing mentalities regarding migration through fighting fantasies and stereotypes.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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. 112
- Paragraph text
- [To the European Union and its member States] In line with the best interests of the child principle, step up protections afforded to migrant children, particularly unaccompanied minors, and families with children. Aim to eradicate the detention of children completely and to respond adequately to the vulnerability of children in reception and social protection provisions. Age verification is not a justification for detention and member States should move towards a model that assumes vulnerability and responds by providing adequate protection, given the particularly damaging impact of even short periods of detention on children.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92m
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States explore other programmes to engage the private sector and include in trade terms a commitment to, among other things migrant outreach, legal expertise to strengthen labour laws, assistance to trade unions, training courses for labour inspectors and pre-departure recruitment and orientation services, and, in order to ensure the sustainability of these initiatives, include in trade agreements provisions for the financial and other resources necessary to administer them.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92i
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States ensure that trade agreements include provisions for migrants to directly access public courts and tribunals, including by ensuring the availability of translation and legal resources for migrants to file individual or collective complaints where their rights have been violated as a result of a trade agreement; and monitor access to labour-related administrative services, tribunals and courts to ensure that migrants do not face obstacles in accessing effective relief for violations of their rights;
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93c
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When entering into trade agreements, undertake comprehensive ex ante and ex post human rights impact assessments that consider the rights of migrants through direct consultations with migrants, migrants' associations and trade unions, and, on the basis of these assessments, include relevant general exception clauses and other compensatory, adjustment, grievance and remedial mechanisms - which may include minimum wage provisions, welfare funds to support migrant workers, strengthened consular support, voluntary insurance schemes for migrants and other housing or transitional assistance - and termination clauses, among other measures;
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Detention of migrants in an irregular situation 2012, para. 68
- Paragraph text
- Detention for immigration purposes should never be mandatory or automatic. According to international human rights standards, it should be a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available. Governments have an obligation to establish a presumption in favour of liberty in national law, first consider alternative non-custodial measures, proceed to an individual assessment and choose the least intrusive or restrictive measure.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Detention of migrants in an irregular situation 2012, para. 74
- Paragraph text
- The Special Rapporteur encourages States to collect disaggregated data on the number of migrants in administrative detention, the number of migrants who are subject to different types of non-custodial measures and the compliance rate with these measures, in order to evaluate their effectiveness.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Detention of migrants in an irregular situation 2012, para. 77
- Paragraph text
- The Special Rapporteur would like to encourage States that have not yet done so, to consider ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and establish a national preventive mechanism mandated to visit all places of deprivation of liberty within their jurisdiction, including places where migrants may be detained.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 76
- Paragraph text
- The Special Rapporteur acknowledges that many of these mechanisms are not, in and of themselves, illegitimate. Yet, in each of his four country missions, he observed that human rights and legal guarantees have not been adequately developed, thereby undermining the legitimacy, legality and validity of such mechanisms.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Detention of migrants in an irregular situation 2012, para. 71
- Paragraph text
- The Special Rapporteur calls on States to adopt a human rights-based approach to migration and review their legislation and policies on detention of migrants, ensuring that national laws are harmonized with international human rights norms that prohibit arbitrary detention and inhumane treatment.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Effective regulation, oversight and enforcement of the law] Ensure that labour inspection is extended to all sectors that employ migrant workers, including domestic work in private houses
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Labour exploitation of migrants 2014, para. 72
- Paragraph text
- Improve the recruitment process, including through the effective regulation of private recruitment agencies and sub-agents/brokers, and abolish the practice of recruitment fees for migrants, as these fees should be covered by the employer.
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Integration of migrants in countries of destination] Create an environment that is conducive to unionization and allows migrant workers to exercise their freedom of association, assembly and collective bargaining
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Refrain from the confiscation of workers' passports at all times and any other restrictions on migrants' freedom of movement
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Access to justice] Support unionization and a realization of the rights to free of association and assembly, as a way to empower migrants and allow them to access justice
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Global migration governance 2013, para. 134c
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and States should consider raising the following issues:] Measures to ensure awareness-raising on the human rights of migrants;
- Organismo
- Special Rapporteur on the human rights of migrants
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo