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Protection from Sexual Abuse and Exploitation 2003, para. 5
- Paragraph text
- Recognizing that sexual abuse and exploitation are a consequence of unequal power relationships; a dynamic that is often exacerbated during humanitarian crises characterized by widespread violence, mass displacement, and the breakdown in family structures, social and value systems; and noting with distress, the involvement of humanitarian workers, officials and other persons working closely with refugee populations;
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Mode d'adoption
- N.A.
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Families
- Persons on the move
- Année
- 2003
Paragraphe
Article 5 of the Convention on refugees and displaced persons 1996, para. 2
- Paragraph text
- Considering that the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Racial Discrimination proclaim that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour, descent or national or ethnic origin,
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 1996
Paragraphe
International Cooperation and Burden and Responsibility Sharing in Mass-Influx Situations 2004, para. 7
- Paragraph text
- Reaffirming that access to asylum and the meeting by all States of their international protection obligations should not be dependent on burden and responsibility sharing arrangements first being in place, particularly because respect for human rights and humanitarian principles is a responsibility for all members of the international community,
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2004
Paragraphe
Protection from Sexual Abuse and Exploitation 2003, para. 1
- Paragraph text
- Reaffirming its Conclusions No. 39 (XXXVI), No. 47 (XXXVIII), No. 54 (XXXIX), No. 60 (XL), No. 64 (XLI), No. 68 (XLIII), No. 73 (XLIV), No.74 (XLVI), No.79 (XLVII), No.84 (XLVIII), No.85 (XLIX), No.87 (L), No. 91 (LII) and No.94 (LIII) and in particular the need to combat sexual and gender-based violence in refugee situations; and recalling also in this context the relevant goals and objectives of the Agenda for Protection;
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Mode d'adoption
- N.A.
- Thèmes
- Gender
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2003
Paragraphe
Discrimination against non-citizens 2004, para. 2
- Paragraph text
- Recalling the Durban Declaration in which the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, recognized that xenophobia against non nationals, particularly migrants, refugees and asylum-seekers, constitutes one of the main sources of contemporary racism and that human rights violations against members of such groups occur widely in the context of discriminatory, xenophobic and racist practices,
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2004
Paragraphe
Conclusion On Local Integration 2005, para. 5
- Paragraph text
- Acknowledging that the global refugee situation represents an international challenge requiring international burden and responsibility sharing to be addressed effectively; and, recognizing that allowing for local integration, where applicable, is an act of States which is a durable solution for refugees that contributes to that burden and responsibility sharing, without prejudice to the specific situation of certain developing countries facing mass influxes,
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2005
Paragraphe
Protection from Sexual Abuse and Exploitation 2003, para. 4
- Paragraph text
- Noting distressing reports over the last few years that refugees and asylum-seekers, in particular women and children, have been victims of sexual abuse and exploitation during flight or upon arrival in their country of asylum, and deeply concerned that this has negatively impacted their access to basic protection and assistance, including health care and education, the issuance of personal documentation or granting of refugee status;
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Mode d'adoption
- N.A.
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2003
Paragraphe
Violence against women 1998, para. d
- Paragraph text
- [Actions to be taken by Governments and the international community:] Integrate effective actions to end violence against women into all areas of public and private life, as a means of working to overcome the violence and discrimination that women face because of such factors as race, language, ethnicity, poverty, culture, religion, age, disability and socio-economic class or because they are indigenous people, migrants, including women migrant workers, displaced women or refugees;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Mode d'adoption
- N.A.
- Thèmes
- Gender
- Movement
- Violence
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Women
- Année
- 1998
Paragraphe
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 2l
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Take steps to eliminate any violations of the human rights of women refugees, asylum seekers and internally displaced persons who are often subjected to sexual and other violence;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Women
- Année
- 2001
Paragraphe
Article 14: Administration of justice 1984, para. 13
- Paragraph text
- Subparagraph 3 (f) provides that if the accused cannot understand or speak the language used in court he is entitled to the assistance of an interpreter free of any charge. This right is independent of the outcome of the proceedings and applies to aliens as well as to nationals. It is of basic importance in cases in which ignorance of the language used by a court or difficulty in understanding may constitute a major obstacle to the right of defence.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Movement
- Personnes concernées
- Persons on the move
- Année
- 1984
Paragraphe
The position of aliens under the Covenant 1986, para. 5
- Paragraph text
- The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. It is in principle a matter for the State to decide who it will admit to its territory. However, in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non discrimination, prohibition of inhuman treatment and respect for family life arise.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Persons on the move
- Année
- 1986
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 13
- Paragraph text
- The Committee notes that asylum seekers seek international protection on the basis that they cannot return to their country of origin because they have a well- founded fear of persecution or are at risk of being ill-treated or subjected to other serious harm. It also notes that under article 1A(2) of the 1951 Convention relating to the Status of Refugees the reasons for persecution must be linked to one of the five grounds listed therein: race, religion, nationality, membership of a particular social group or political opinion. Gender-related persecution is absent from the text. The present general recommendation is intended to ensure that States parties apply a gender perspective when interpreting all five grounds, use gender as a factor in recognizing membership of a particular social group for purposes of granting refugee status under the 1951 Convention and further introduce other grounds of persecution, namely sex and/or gender, into national legislation and policies relating to refugees and asylum seekers. It should be noted that, in other international, national and regional contexts, asylum is also provided to persons who cannot be returned to their countries of origin owing to, among other things, threats to their lives or torture or inhuman or degrading treatment. Those forms of complementary protection are also covered herein.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2014
Paragraphe
Women in conflict prevention, conflict and post-conflict situations 2013, para. 40
- Paragraph text
- Trafficking may also occur when third-party countries seek to restrict migrant influxes out of conflict-affected areas through measures such as interdiction, expulsion or detention. Restrictive, sex-specific or discriminatory migration policies that limit opportunities for women and girls fleeing from conflict zones may heighten their vulnerability to exploitation and trafficking.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Article 5 of the Convention on refugees and displaced persons 1996, para. 1
- Paragraph text
- Draws the attention of States parties to article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination as well as the Committee's general recommendation XX (48) on article 5, and reiterates that the Convention obliges States parties to prohibit and eliminate racial discrimination in the enjoyment of civil, political, economic, social and cultural rights and freedoms;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 1996
Paragraphe
The right to social security (Art. 9) 2007, para. 27
- Paragraph text
- Benefits should be provided in a timely manner and beneficiaries should have physical access to the social security services in order to access benefits and information, and make contributions where relevant. Particular attention should be paid in this regard to persons with disabilities, migrants, and persons living in remote or disaster-prone areas, as well as areas experiencing armed conflict, so that they, too, can have access to these services.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- Persons on the move
- Persons with disabilities
- Année
- 2007
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 53
- Paragraph text
- The right of a person to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority (art. 22, para. 4), includes the right to seek a stay of the decision of expulsion pending review of the said decision. While a stay of decision does not regularize the status of the person concerned for the time of the proceedings, it prevents the State party from expelling him or her before a final decision is rendered. In accordance with article 83 of the Convention, States parties are obliged to provide an effective remedy, including the right to review by a competent authority for migrant workers and their family members, whose rights and freedoms as recognized in the Convention have been violated. The Committee notes that migrant workers and members of their families must be given adequate time and facilities to pursue such a remedy against expulsion so as to ensure the effectiveness of their right to review. Such facilities should include the right to legal assistance and the assistance of an interpreter, if necessary, and be free of charge, if the circumstances of the case so require. The competent authority reviewing the decision of expulsion should ideally be a court. The right to appeal expulsion under article 22, paragraph 4, of the Convention may only be restricted for "compelling reasons of national security".
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 76
- Paragraph text
- Unaccompanied or separated children recognized as refugees and granted asylum do not only enjoy rights under the 1951 Refugee Convention, but are also entitled to the fullest extent to the enjoyment of all human rights granted to children in the territory or subject to the jurisdiction of the State, including those rights which require a lawful stay in the territory.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2005
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 30b
- Paragraph text
- [Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:] Facilitate any communication between the person concerned and the said authorities;
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 47
- Paragraph text
- With regard to article 17, paragraph 8, the Committee considers that detention "for the purpose of verifying any infraction of provisions related to migration" covers the entire duration of administrative detention, and that, consequently, migrant workers and members of their families subjected to administrative detention shall not bear any costs arising therefrom.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Equality of opportunity in education 2011, para. 49
- Paragraph text
- Other groups vulnerable to limited opportunities in education and requiring targeted support include persons with disabilities, children living in the street or without parental care, migrant workers and their families, refugees, internally displaced persons and those affected by natural disasters or conflict. Moreover, nomad populations, including pastoral populations who remain deprived of equal opportunities in education, deserve special attention, especially in Africa.
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Education
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- Children
- Persons on the move
- Persons with disabilities
- Année
- 2011
Paragraphe
Access to justice and the right to food: the way forward 2015, para. 25
- Paragraph text
- While on the whole European countries have been more reluctant to accept the justiciability of economic, social and cultural rights, there have been some significant cases. For example, in the 2012 German Federal Constitutional Court judgment 1 BvL 10/10, the court ruled on whether cash benefits for asylum seekers provided by the Asylum Seekers Benefit Act were compatible with its Constitution. The court relied on earlier decisions to reiterate that the State is under an obligation to ensure a "dignified minimum existence", defined as a "comprehensive fundamental rights guarantee" which includes access to food, clothing, household items, housing, heating, hygiene health and social assistance to persons in need. The benefits awarded to the asylum seekers under the law in question were deemed insufficient to guarantee a dignified minimum existence. The court also reaffirmed that benefits must be calculated on the basis of "real and actual needs" and thus be measured realistically. The court noted that the benefits prescribed under the Asylum Seekers Benefit Act had not increased since 1993, even though the cost of living in Germany had risen by 30 per cent in that period. As a result, a number of provisions of the act were declared unconstitutional. The court ordered the enactment of new legislation that would ensure a dignified minimum standard of living and introduced a transitional scheme that would provide higher cash benefits in the interim.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2015
Paragraphe
Migrant worker’s right to health 2013, para. 26
- Paragraph text
- Some States prohibit agencies from recruiting workers or a class of workers, such as domestic workers, to countries or employers who habitually deprive migrants of adequate rest, nutritious food, medical care and sleep. However, as this may result in migrant workers seeking riskier routes to foreign employment, sending States should ensure that bilateral agreements with receiving States provide for strong protections and enforcement mechanisms against abuse and exploitation.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 50
- Paragraph text
- The rights to freedom of peaceful assembly and of association are recognized in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2016
Paragraphe
Migrant worker’s right to health 2013, para. 72
- Paragraph text
- The right to health requires States to ensure access to health facilities, goods and services, especially for vulnerable groups, such as migrant women workers. Health services, information and education should be tailored to the specific needs of women - such as sexual and reproductive health needs, including access to contraception and safe legal abortion - and pay attention to the special vulnerability of low-skilled migrant workers, regardless of immigration status.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 8
- Paragraph text
- The International Labour Organization (ILO), through various conventions and recommendations places obligations on States and certain duties to recruitment agencies, requiring them to take steps to prevent abuse and exploitation of migrant workers. It focuses on occupational health and safety of migrant workers and recommends measures to promote reunification of families, which can have a positive effect on mental health as it provides social support to migrant workers.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Climate change and internal displacement 2011, para. 40
- Paragraph text
- The Guiding Principles define internally displaced person as "persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflicts, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized state border".
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Durable solutions for internally displaced persons: advancing the agenda: addressing the role of humanitarian and development actors in achieving durable solutions for internally displaced persons through peacebuilding in the aftermath of conflict 2013, para. 33
- Paragraph text
- While the Brookings Process prompted a task force on peace, conflict and security under the auspices of the Development Cooperation Directorate of the Organization for Economic Cooperation and Development to examine best practices pertaining to the gap between relief and development assistance and spurred greater cooperation between the World Bank and UNHCR, it was ultimately unable to secure major changes in the operational cultures of donors and humanitarian and development actors. Nonetheless, the Brookings Process was revived in 2003 to inform UNHCR initiatives under the Framework for Durable Solutions for Refugees and Persons of Concern, including with regard to development assistance for refugees; repatriation, reintegration, rehabilitation and reconstruction; and development through local integration. UNDP, UNHCR and the World Bank have noted that "these initiatives generated mixed results but in the process all contributed immensely to the debate".6 In 2004, in guidance on durable solutions, the United Nations Development Group recognized the predominantly ad hoc approach taken and called for an integrated approach to addressing the development challenges that displacement prevention and sustainable integration of internally displaced persons posed.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 12
- Paragraph text
- In adopting the Universal Declaration of Human Rights, States accepted the solemn commitment to promote the universal respect for, and protection of, all human rights and fundamental freedoms. States also recognized that all human rights are universal, indivisible and interdependent and interrelated. The principle of non-discrimination enshrined in the Universal Declaration of Human Rights (art. 2), in the International Covenant on Civil and Political Rights (art. 2, para. 1; art. 26) and the International Covenant on Economic, Social and Cultural Rights (art. 2, para. 2), recognizes that individuals are entitled to all human rights without distinction of any kind as to "race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Economic, social and cultural rights are guaranteed to "everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation", and the International Covenant on Economic, Social and Cultural Rights obliges States to take immediate, deliberate, concrete and targeted steps towards the realization of these rights. The non-discrimination principle vis-à-vis migrant workers is reinforced by the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Convention on Migrant Workers), which guarantees the human rights of all migrant workers and their families.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2010
Paragraphe
Climate change and internal displacement 2011, para. 53
- Paragraph text
- Much of the attention to date in the area of protection from displacement has focused on protecting individuals or communities from "arbitrary" displacement (Guiding Principle 6), resulting from active violations of human rights by the State or other actors, such as when displacement is used as a form of collective punishment or to effect policies of ethnic cleansing, or when large-scale development projects fail to meet set requirements.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Internal displacement in 2010: What are the major challenges? 2010, para. 40
- Paragraph text
- The stereotypical image of internally displaced persons - reinforced by media reports - remains that of people who flee conflict areas and end up destitute in camps or collective shelters. The reality is far more complex. Every year more people are displaced by natural disasters and development projects than by conflict and violence. The majority of the displaced live with host families or communities, or merge with the urban poor.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2010
Paragraphe