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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. 60
- Paragraph text
- Developing a human rights-based framework by tackling the most pressing concerns and sustaining the political will needed to stay the course of reform over a generation will allow the European Union to bank on the economic and social benefits of mobility.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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. 63
- Paragraph text
- The establishment of a human rights-based framework based on the core principles and provisions of international and regional law requires immediate action to stop widespread suffering at the borders of the European Union.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Climate change and migration 2012, para. 18
- Paragraph text
- Hundreds of millions of people, especially in the global South, are highly vulnerable to global environmental change and will become more so in the future. In its assessment of the future of the planet, the leading intergovernmental body working on the issue, the Intergovernmental Panel on Climate Change, concluded in its Fourth Assessment Report (2007) that global warming was unequivocal and that human activity was the main driver, very likely causing most of the rise in temperatures since 1950.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 7
- Paragraph text
- At the regional level, the right to liberty and security of person is protected by article 6 of the African Charter on Human and Peoples' Rights, article 7 of the American Convention on Human Rights, article 14 of the Arab Charter on Human Rights and article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 11
- Paragraph text
- The International Covenant on Civil and Political Rights does not contain an exhaustive list of accepted grounds for detention, meaning that an assessment must be made on a case-by-case basis. The Human Rights Committee held in communication No. 560/1993, paragraph 9.2, that "the notion of 'arbitrariness' must not be equated with 'against the law', but be interpreted more broadly to include such elements as inappropriateness and injustice. Furthermore, remand in custody could be considered arbitrary if it is not necessary in all the circumstances of the case, for example to prevent flight or interference with evidence: the element of proportionality becomes relevant in this context".
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 17
- Paragraph text
- According to the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, all persons under any form of detention or imprisonment shall be informed at the time of arrest in a language they understand of their rights and how to avail themselves of those rights. The Body of Principles furthermore provides that all detained persons have the right to assistance, free of charge if necessary, of an interpreter and a legal counsel and a prompt medical examination. They also have the right to communicate with the outside world, in particular with family and counsel.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Families
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 19
- Paragraph text
- At the regional level, the right to take proceedings before a court in order to decide on the lawfulness of detention is provided by article 7 of the African Charter on Human and Peoples' Rights, article 7 of the American Convention on Human Rights, article 14 of the Arab Charter on Human Rights and article 5, paragraph 4, of the European Convention on Human Rights. The Special Rapporteur has been made aware of several instances where that right has been restricted, inter alia through long delays between the beginning of detention and the date of the first review procedure.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 27
- Paragraph text
- According to article 10, paragraph 1, of the International Covenant on Civil and Political Rights, all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. In its general comment No. 21 (1992) on humane treatment of persons deprived of their liberty, the Human Rights Committee stated that this right applies to anyone deprived of liberty under the laws and authority of the State in prisons, hospitals - particularly psychiatric hospitals - detention camps or correctional institutions or elsewhere. It further states that treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule and, consequently, the application of this rule cannot be dependent on the material resources available in the State.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 44
- Paragraph text
- Victims of torture are already psychologically vulnerable due to the trauma they have experienced and detention of victims of torture may in itself amount to inhuman and degrading treatment.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 47
- Paragraph text
- Stateless persons do not benefit from the consular or diplomatic protection of a State, often do not possess identity documents and do not have a country to which to be returned. Stateless persons are especially vulnerable to prolonged detention. Being stateless and therefore not having a country to which automatic claim might be made for the issue of a travel document should not lead to indefinite detention, and statelessness cannot be a bar to release. The UNHCR guidelines affirm that stateless persons are entitled to benefit from the same standards of treatment as those in detention generally.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Detention of migrants in an irregular situation 2012, para. 54
- Paragraph text
- Non-custodial measures must conform to relevant principles of international law, including the principles of non-discrimination, necessity and proportionality and should not prevent individuals from exercising their other human rights, including the right to health and education. Alternatives to detention which impose restrictions on the liberty of movement need to be in compliance with article 12 of the International Covenant on Civil and Political Rights, which provides for the right to liberty of movement for everyone lawfully within the territory of a State. The term "lawfully within the territory" has been held to apply to persons who are allowed to remain in a country because the host State is unable to carry out an expulsion or deportation order (Human Rights Committee, communication No. 456/1991). Article 12, paragraph 3, of the Covenant provides that any restrictions on the right to liberty of movement must be provided by law, and be necessary to protect national security, public order, public health or morals or the rights and freedoms of others.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Developing the Global Compact on Migration 2016, para. 15
- Paragraph text
- The only way to effectively reduce smuggling is to offer more accessible, regular, safe and affordable mobility solutions, with all the identity and security checks that efficient visa procedures can provide.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Developing the Global Compact on Migration 2016, para. 24
- Paragraph text
- Taking such a long-term strategic approach in developing the global compact for accessible, regular, safe and affordable mobility policies and practices will place States in a better position to respond to the significant demographic, economic, social, political and cultural challenges that lie ahead.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Developing the Global Compact on Migration 2016, para. 29
- Paragraph text
- States assume obligations under international law to respect, protect and fulfil human rights. These obligations are also broadly echoed by the national human rights standards and regional instruments, which apply to all, regardless of nationality or administrative status.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Developing the Global Compact on Migration 2016, para. 74
- Paragraph text
- International and regional cooperation is essential to transition to an ethical system, as the playing field must be levelled in order to make progress. No one country alone will be able to end exploitative and abusive recruitment. Member States must develop a level playing field for all recruitment agencies, using initiatives such as the International Labour Organization (ILO) Fair Recruitment Initiative and the IOM International Recruitment Integrity System.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 21
- Paragraph text
- In analysing the normative content of this right, it is recalled that the right to health is not a right to good health, but rather a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health. Such facilities, goods and services must be available, accessible, acceptable and of good quality.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 42
- Paragraph text
- The principle of non-discrimination and equality plays a key role in ensuring that adequate housing is accessible to those entitled to it. In this regard, the Committee on Economic, Social and Cultural Rights has underlined that priority consideration should be afforded to disadvantaged groups to ensure full and sustainable access to adequate housing.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Global migration governance 2013, para. 31
- Paragraph text
- The 1954 Convention relating to the Status of Stateless Persons aims to regulate and improve the legal status of stateless persons. The 1961 Convention on the Reduction of Statelessness deals with the means of avoiding statelessness.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Global migration governance 2013, para. 64
- Paragraph text
- The Treaty of Rome provided the right to free movement of workers within the European Economic Community, thus recognizing the economic benefits of free movement. The European Union's expansion in 2004, including to Eastern Europe, proved that free movement is also possible for countries with different levels of economic development, enhancing the benefits of mobility for all concerned.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 9
- Paragraph text
- In 2000, States adopted the United Nations Millennium Declaration, thereby committing themselves to a new global partnership to reduce extreme poverty, which led to a series of time-bound targets known as the Millennium Development Goals. The Goals provided clear direction for Governments and international actors to focus and work together on achieving specific development issues. The Goal framework supported the development of national statistical capacity and improved statistical system coordination at the national and international levels. This resulted in effective generation and collection of data for the Goals, which in turn influenced and shaped national and international policies on human development. The Goals stimulated global and national development efforts, notably towards eradicating poverty and improving access to primary education.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 12
- Paragraph text
- The Goals encouraged technical fixes and focused on the low-hanging fruit, rather than targeting the root causes of development problems. Consequently, they monitored progress and success through a one-size-fits-all lens, focusing only on what was easily measurable and not on what was important, such as the empowerment of marginalized groups. The lack of proper monitoring meant that it was difficult to hold Governments accountable at the global, national and local levels.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 21
- Paragraph text
- Human rights are not reserved for citizens. They benefit everyone within a State's territory or jurisdiction, without discrimination, irrespective of administrative status and circumstances.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 37
- Paragraph text
- The Millennium Development Goals failed to address the issue of inequality and the plight of the most disadvantaged members of society, which resulted in some Governments concentrating their interventions on the groups easiest to reach, rather than on those most marginalized.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 39
- Paragraph text
- A human-rights-based approach to setting goals makes it essential to tackle inequalities when formulating development priorities. Article 1 of the Universal Declaration of Human Rights affirms that "all human beings are born free and equal in dignity and rights". All persons are entitled to the enjoyment of all rights, on an equal footing and without discrimination on any grounds, including race, ethnicity, sex, gender, disability, socioeconomic status, age or nationality. Moreover, under international human rights treaties, States have committed themselves to taking measures to ensure the implementation of civil, political, economic, social and cultural rights to the maximum extent of their available resources. The Committee on Economic, Social and Cultural Rights, in its general comment No. 20, states that the lack of available resources cannot be considered to be an objective and reasonable justification for a difference of treatment, "unless every effort has been made to use all resources that are at the State party's disposition in an effort to address and eliminate the discrimination, as a matter of priority". International human rights law includes several widely agreed commitments to equality and a set of tools and mechanisms by which to achieve it, including the requirement that duty bearers address the root causes of inequality and discrimination.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 43
- Paragraph text
- A goal on equality should be broad, not only focusing on income disparities, but also identifying key dimensions of economic and social inequality, including in terms of participation and access to essential services such as health, education and social protection. This should be framed with reference to the civil, political, economic, social and cultural rights of all. In addition, targets and indicators relating to employment and fiscal or redistributive policies must be included under this goal and structural determinants of inequality should also be addressed.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 58
- Paragraph text
- The goal should fully capture the right to health, which is an inclusive right extending not only to timely and appropriate health care, but also to the underlying determinants of health, including access to healthy occupational and environmental conditions and to health-related education and information, including on sexual and reproductive health. This right should be captured in all other interrelated goals, including those pertaining to access to safe and potable water and adequate sanitation and an adequate supply of safe nutrition.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 79
- Paragraph text
- States have assumed obligations to ensure equal access to justice for all within their borders by committing themselves to respecting, protecting and fulfilling several rights, including to an effective remedy, to equality before the courts and tribunals, to a fair trial, to legal assistance, to equality and equal protection of the law, access to justice without discrimination, to recognition as a person before the law and to seek and receive information.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 85e
- Paragraph text
- [Relevant targets should focus on:] Providing equal access to competent and affordable legal representation;
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 85g
- Paragraph text
- [Relevant targets should focus on:] Providing equal and affordable access to reliable legal information.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Human rights of migrants in the post-2015 development agenda 2014, para. 86a
- Paragraph text
- [Indicators should include:] Number of individuals who lack a basic legal identity document;
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe