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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. 50
- Paragraph text
- States parties should develop detailed guidelines on standards of reception facilities, assuring adequate space and privacy for children and their families. States should take measures to ensure an adequate standard of living in temporary locations, such as reception facilities and formal and informal camps, ensuring that these are accessible to children and their parents, including persons with disabilities, pregnant women and breastfeeding mothers. States should ensure that residential facilities do not restrict children’s day-to-day movements unnecessarily, including de facto restriction of movement.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Persons with disabilities
- Women
- Année
- 2017
Paragraphe
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. 26
- Paragraph text
- States should strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. When the law of a mother’s country of nationality does not recognize a woman’s right to confer nationality on her children and/or spouse, children may face the risk of statelessness. Likewise, where nationality laws do not guarantee women’s autonomous right to acquire, change or retain their nationality in marriage, girls in the situation of international migration who married under the age of 18 years may face the risk of being stateless, or be confined in abusive marriages out of fear of being stateless. States should take immediate steps to reform nationality laws that discriminate against women by granting equal rights to men and women to confer nationality on their children and spouses and regarding the acquisition, change or retention of their nationality.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2017
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21c
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Prosecute and punish those responsible with appropriate punishments;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21e
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Provide human rights training for public officials; and
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21d
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Provide adequate reparation to victims and members of their families;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21a
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Adopt and implement legislation prohibiting such acts;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21b
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Effectively investigate cases of abuse and violence;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 21f
- Paragraph text
- [Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:] Effectively monitor the conduct of State agents, and regulate that of private persons and entities, with a view to preventing such acts.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 45
- Paragraph text
- States parties must also take into consideration the special situation of women migrant workers in detention. States parties must ensure separate facilities for men and women, ensure the provision of gender-specific health care services, and also provide for the specific needs of pregnant women, breastfeeding mothers and mothers with young children. States should avoid detaining women migrant workers in the final months of pregnancy or if they are nursing. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide useful guidelines for States in these situations.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 60
- Paragraph text
- Article 11 of the Convention requires States parties to take effective measures against all forms of forced or compulsory labour by migrant workers. This includes debt bondage, passport retention, and illegal confinement, for example. Article 21 obliges States parties to ensure that employers and recruiters do not confiscate or destroy travel or identity documents belonging to migrant workers. States parties should provide training to law enforcement officers, and ensure that occupations dominated by migrant workers, especially women migrant workers, such as domestic work and some forms of entertainment, are protected by labour laws and subject to inspections.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 1
- Paragraph text
- International sources estimate that between 10 and 15 per cent of the world's international migrants are in an irregular situation, although the very nature of irregular migration makes it difficult to find reliable data on the scale of this phenomenon. While the economies of developing countries cannot absorb the large numbers of young men and, increasingly, women, seeking employment, population decline and ageing have reduced the labour force in developed countries, thereby generating a demand for low and middle-skilled migrant workers in many sectors of the economy. However, that demand has not been matched by a corresponding increase in regular migration channels. As a result, employers often resort to migrant workers in an irregular situation to fill the gaps.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Migrant domestic workers 2011, para. 62b
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] Provide counselling and facilitate appropriate shelter for migrant domestic workers, especially women and children, fleeing from abusive employment circumstances;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 10
- Paragraph text
- While transiting through foreign countries, women and girls are particularly at risk of being subjected to physical and sexual abuse by agents and intermediaries.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 61
- Paragraph text
- States parties should repeal sex-specific bans and discriminatory restrictions on women's migration on the basis of age, marital status, pregnancy or maternity status (articles 1 and 7), including restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 8) or bans on women migrant domestic workers marrying nationals or permanent residents (article 14), or securing independent housing. States parties should also repeal discriminatory laws, regulations and practices related to HIV, including those which result in the loss of work visas based on HIV status, and ensure that medical testing of migrant domestic workers, including tests for pregnancy or HIV, is only done voluntarily and subject to informed consent.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 43
- Paragraph text
- States should ensure effective access of all migrant domestic workers to any medical care urgently required to avoid irreparable harm to their health (article 28). Particular attention should be given to women migrant domestic workers with irregular status, who are especially vulnerable during pregnancy, as they are often afraid to contact public health services out of fear of deportation. States should not require public health institutions providing care to report data on the regular or irregular status of a patient to immigration authorities.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 60
- Paragraph text
- As noted by the Committee on the Elimination of All Forms of Discrimination against Women, the position of female migrants is different from that of male migrants with regard to, inter alia, the migration channels used, the sectors of the labour market where they are employed, the forms of abuse they suffer and the consequences and impact thereof. Recognizing that most domestic workers are women and girls and taking into consideration traditional roles, the gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration, States should incorporate a gender perspective in efforts to understand their specific problems and develop remedies to the gender-based discrimination that they face throughout the migration process.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 19
- Paragraph text
- Labour law. In many countries, domestic workers are not legally recognized as "workers" entitled to labour protection. A number of premises and special definitions are used to exclude domestic workers from the protection of labour laws, including the consideration that they work for private persons, who are not considered to be "employers". Equally, traditional perceptions of domestic work as tasks associated with unpaid work in the home performed by women and girls as well as traditional perceptions of domestic workers as either being "family helpers" often militate against the extension of national labour law to effectively cover domestic work. Because of their de facto and/or de jure, "unrecognized" status as "workers", domestic workers are unable to exercise the rights and freedoms granted by labour law to other workers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Personnes concernées
- Families
- Girls
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 52
- Paragraph text
- States parties should take appropriate measures to address the extreme vulnerability of undocumented migrant domestic workers, especially women and children. In particular, States parties should consider policies, including regularization programmes, to avoid or resolve situations in which migrant domestic workers are undocumented or are at risk of falling into irregular status (article 69).
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 22
- Paragraph text
- Under some countries' laws regarding work permit and security bond conditions, women migrants, including domestic workers, who get pregnant or who are found to be HIV positive lose their permit. It is not uncommon for women migrant workers to be subjected to mandatory health testing related to sexual and reproductive health without consent or counselling.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 1
- Paragraph text
- Domestic work is an important occupation for millions of individuals, accounting for up to 10 per cent of total employment in some countries. The trend over the past decades has been a growing prevalence of migrants amongst domestic workers. Women make up the overwhelming majority of these workers.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Migrant domestic workers 2011, para. 7
- Paragraph text
- Whereas many of the human rights issues and concerns identified in this general comment are relevant to all domestic workers, several issues and concerns are specific to the situation of domestic workers who are migrants. Generally, migrant domestic workers are at heightened risk of certain forms of exploitation and abuse. At the heart of their vulnerability is isolation and dependence, which can include the following elements: the isolation of life in a foreign land and often in a foreign language, far away from family; lack of basic support systems and unfamiliarity with the culture and national labour and migration laws; and dependence on the job and employer because of migration-related debt, legal status, practices of employers restricting their freedom to leave the workplace, the simple fact that the migrants' workplace may also be their only shelter and the reliance of family members back home on remittances sent back from the domestic work. Women migrant domestic workers face additional risks related to their gender, including gender-based violence. These risks and vulnerabilities are further aggravated for migrant domestic workers who are non-documented or in an irregular situation, not least because they often risk deportation if they contact State authorities to seek protection from an abusive employer.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Movement
- Violence
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2011
Paragraphe
21 Listé sur un total de 21 Entités