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Recruitment practices and the human rights of migrants 2015, para. 29
- Paragraph text
- The precariousness of the situation of migrant workers can additionally lead to abuses of their economic, social and cultural rights. Housing can often lead to various human rights issues. In cases where employers offer housing, this can be used as an opportunity for further exploitation, as migrants are easier to control than local labour. In other cases, exploitative employers in countries of destination provide housing but this can be used to further control and exploit migrants, as it makes them readily available to perform work. In other cases, migrants can be left to finance their living and food costs independently. The need to minimize costs can lead migrants to live in extremely poor housing conditions, with many living in accommodation lacking basic infrastructure and services, including sanitation, electricity and potable water. Recruiters and subagents can also play a role in arranging and charging for housing, which can further increase their control over and exploitation of migrants. Access to other forms of social protection can also be problematic for migrants. Some migrants have access to healthcare provided through their employment, but this is highly variable, leaving many highly vulnerable if they experience problems with their health.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 51
- Paragraph text
- A target on providing social protection to reduce the vulnerabilities of the poor, including marginalized groups, including migrants, is essential. Indicators could include the proportion of migrants with access to, and cross-border portability of, earned social benefits (e.g. pensions). Under article 9 of the International Covenant on Economic, Social and Cultural Rights, States recognize the right of everyone to social security. In its general comment No. 19, the Committee on Economic, Social and Cultural Rights defined the right to social security as encompassing "the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c) insufficient family support, particularly for children and adult dependents". It went on to say that "the right to social security includes the right not to be subject to arbitrary and unreasonable restrictions of existing social security coverage, whether obtained publicly or privately, as well as the right to equal enjoyment of adequate protection from social risks and contingencies".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 54
- Paragraph text
- The Special Rapporteur also welcomes the adoption of international frameworks for rights-based partnerships on migration management by international organizations and commends the global efforts of those organizations to create knowledge-sharing tools to promote a rights-based approach to migration management. He celebrates the adoption, in 2005, by the International Labour Organization (ILO) of its multilateral framework on labour migration, based on a set of non-binding principles and guidelines for a rights-based approach to labour migration. This initiative is based on research, global labour migration practices and principles contained in relevant international instruments and international and regional policy guidelines, including the International Agenda for Migration Management. It also includes the collection of examples of best practices, which have been broadly publicized by ILO. In the Special Rapporteur's view, the collection of good practices is a valuable means to provide practical guidance to Governments and other stakeholders with regard to the development, strengthening and implementation of more effective and rights-based national and international labour migration policies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 52
- Paragraph text
- A comprehensive, detailed national migration policy needs to be drawn up and implemented effectively in order to combat labour exploitation of migrants. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Multilateral Framework on Labour Migration of the International Labour Organization (ILO) provides useful guidance in that respect.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 48
- Paragraph text
- Much of the labour exploitation that migrants suffer is linked to recruitment agencies. In accordance with international human rights standards, private actors must, as a minimum, respect the human and labour rights of their workers. The private sector, including recruitment agencies and employers, plays an important role in the labour exploitation of migrants and must therefore be part of the solution.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 47
- Paragraph text
- In order to introduce a human rights-based approach to the mobility of human resources in the negotiation of bilateral and multilateral trade agreements, States should, in partnership with the business communities involved, considerably enlarge the elements of human mobility and labour migration in trade negotiations, and representatives of migrants should be offered meaningful opportunities to comment on draft trade agreements as key stakeholders.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 44
- Paragraph text
- In the New York Declaration, States committed to “consider facilitating opportunities for safe, orderly and regular migration, including, as appropriate, employment creation, labour mobility at all skills levels, circular migration, family reunification and education-related opportunities”. In order to implement that commitment, they need to develop and implement long-term national migration policies, in line with their obligations under international human rights law, ensuring that regular, safe, affordable and accessible avenues are available for all migrants. The overall goal in terms of governing mobility is for most migrants to use regular channels to enter and stay in destination countries, thereby reducing considerably the size of the underground migrant smuggling market. States must recognize and address what may be termed as the pull factors of migration, such as unrecognized demands for low-skilled labour in economic sectors that are not met locally, and provide safe, regular, accessible and affordable migration channels to meet the demand for such low-skilled jobs. When regular migration channels fail to properly reflect labour market needs, migrants are more likely to be offered undocumented migration solutions by smuggling rings and unethical recruiters and become victims of exploitation and abuse.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 37b
- Paragraph text
- [Solutions to human mobility needs can be developed along two major axes, as outlined by the Special Rapporteur in previous reports:] Recognizing real labour needs and opening up considerably more visa opportunities or visa-free travel programmes for migrant workers at all skill levels. With appropriate selection and organization, the numbers would be entirely manageable.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 36
- Paragraph text
- The first step in changing the collective mindset is to accept that migrants will come and go no matter what because of push and pull factors, which, on the whole, are not adequately addressed. Facilitating increased mobility and matching skills to labour needs, as in an accessible, regular, safe and affordable labour market, with appropriate visa systems and security controls, would ensure that most migrants would use regular mobility channels.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 28
- Paragraph text
- Many factors influence the decisions of migrants as to why, when, to where and how they want to migrate. The main push factors are poverty, violence, discrimination and poor governance. The main pull factors are official or unacknowledged labour needs and family reunification. Public discussion about these factors is, on the whole, extremely shallow, often constituting nothing more than scaremongering about “benefit scroungers” and migrants “stealing jobs”.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Poverty
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 88
- Paragraph text
- States have also collaborated to lower the human, social and economic costs of migration and expand opportunities for migrants to invest their earnings more productively. The Maya Declaration of the Alliance for Financial Inclusion unites over 57 financial service providers in emerging and developing economies to promote financial inclusion by, for example, lowering the costs of remittances and promoting digital financial services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 82
- Paragraph text
- The Special Rapporteur stresses the need for migrants to be able to seek remedies directly in public courts and tribunals: the independence of the judiciary and the type of public oversight that are guaranteed by the international human rights framework are essential to the preservation of fundamental rights. As has been discussed, the complex, opaque and multilayered nature of the current trade regime obscures migrants' knowledge of their rights, legal recourses and available remedies. Under the current dispute settlement mechanisms included in trade agreements, migrant workers submit to a separate, privatized standard in order to seek relief for trade infractions and are required to go through traditional, costly and more onerous administrative channels to obtain remedies. Migrants also become reliant upon States to pursue their claims where States may have separate, distinct and, at times, competing interests. Ensuring the availability of outlets to pursue remedies in public courts would increase State accountability and also inform public discourse about labour migration programmes and the treatment of migrant workers. It is also by removing barriers to justice that migrants will be empowered to independently pursue their own fundamental human rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 76
- Paragraph text
- The European Union systematically conducts sustainability impact assessments (economic, social and environmental impact assessments) of all major multilateral and bilateral trade negotiations. The assessments offer projections for migration flows and specific considerations, depending on the trade partner, relating to skills, sector, visa provisions, wages, labour conditions and vulnerable social groups.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 69
- Paragraph text
- The Special Rapporteur stresses that, even with the emergence of bilateral labour mobility agreements intended to improve social protections and curb illicit activity, the systemic abuse of migrants has continued, accompanying irregular migration, migrant smuggling, forced labour, child labour and human trafficking.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 32
- Paragraph text
- Even migrants with permanent status experience labour market disadvantages, discrimination, xenophobia and ill-treatment. Approximately 16 per cent of migrants employed in OECD countries are in low-wage jobs, compared to 7 per cent of nationals. This is not owing to low educational levels or training, as corresponding data indicates that many migrant workers are overqualified.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 76
- Paragraph text
- In turn, the private sector must fully comply with all relevant international human rights and labour standards and fully implement the Respect, Protect and Remedy framework within the Guiding Principles on Business and Human Rights in relation to migrant workers, by, inter alia, developing a zero-tolerance policy on the payment of recruitment fees by workers, auditing supply chains and ensuring human rights due diligence with all contractors and subcontractors.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 71
- Paragraph text
- In this respect, States must ensure that exploitative employers are sanctioned and that migrants, including those in an irregular situation, are empowered to defend their own rights through effective access to justice in national courts, tribunals and dispute-settlement mechanisms, with the assistance of unions, interpreters and legal assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 69
- Paragraph text
- Destination States accept and become complicit in this economic normalization of the exploitation of migrant workers because of a desire to remain globally competitive. Countries of origin can also fail to negotiate adequate protections for their nationals owing to power imbalances between countries. Examples have been reported of countries of origin that have requested better treatment for their nationals only to see the number of their citizens obtaining visas as migrant workers drop.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 68
- Paragraph text
- This can be seen, for example, in how temporary migration schemes are frequently discussed, in international forums such as the Global Forum on Migration and Development, as positive examples of flexible labour supply responding quickly to economic demands, despite countless examples of built-in structural precariousness and of negative human rights consequences.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 56
- Paragraph text
- Once the proper legal framework is in place, migrants will also have greater capacity to protect themselves in times of crisis and vulnerability, especially when they can directly access domestic courts and tribunals to address rights violations in the context of trade. Working with civil society, trade unions and the private sector is essential to improving human rights and labour rights protections for migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 46g
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Enjoyment of all economic, social and cultural rights, including the right to education, health, social security and adequate housing, as well as labour rights, for all migrants, including irregular migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 36c
- Paragraph text
- [Fully implementing a global compact relying on a human rights-based framework for regular migration therefore involves a number of policy orientations, including:] Considerably reducing underground labour markets and exploitation in the workplace over the coming decade, as they act as a magnet for irregular migration at the request of exploitative employers;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 22
- Paragraph text
- Effectively regulating mobility requires States to develop a much more complex view of why and how people move. States must adopt a whole-system view of migration, taking into account all its aspects, including all benefits and challenges in terms of economic growth, demographic changes, cultural diversity, social integration, personal freedom and respect for the rule of law. A whole-of-government approach is best.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 13
- Paragraph text
- It is paradoxical that, in the name of securing their borders, some States have actually lost control of them owing to the fact that flexible and opportunistic smuggling rings are often ahead of the game. Prohibitive and repressive policies, without regular migration channels for asylum seekers and much-needed low-wage migrants, only entrench smuggling operations and underground labour markets, resulting in more deaths at sea and more human rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 12
- Paragraph text
- Putting up a barrier between push and pull factors to prevent mobility without responding to the need to leave and the need for workers creates conditions for the creation of a flourishing underground labour market. Any attempt at "sealing" borders without offering more accessible, regular, safe and affordable avenues for migration will continue to fail on a massive scale.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 34
- Paragraph text
- Widespread unethical recruitment practices have a significant impact on the systemic development benefits of labour migration. As recognized within the post-2015 sustainable development framework, the developmental impact of labour migration is huge. In 2013, migrants sent approximately $404 billion in remittances back home. Research shows that labour migration of low-wage workers can bring the biggest gains in poverty.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 33
- Paragraph text
- Abuses of migrant workers' rights cannot be viewed as isolated incidences that take place in a vacuum. The political economy related to international labour recruitment is complex and it is essential to understand the relationship between systemic economic factors and labour recruitment to be able to develop a process that better protects the rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 27
- Paragraph text
- It is common for migrants recruited from abroad to have severe restrictions placed on their freedom of movement in countries of destination. Exploitative employers, facilitated by recruitment intermediaries, will often restrict the ability of migrants to switch employers and/or leave the country to return home, increasing their dependence and willingness to complete tasks in poor conditions for low wages.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 70
- Paragraph text
- The private sector is a key actor in relation to the recruitment practices impacting the human rights of migrants. Recruiters are private entities, as are the companies to which they supply labour. The practices related to recruitment of migrant workers also impact businesses that may not directly contract migrant workers, depending upon the reach and management of their supply chain.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 67
- Paragraph text
- Recognizing migrants as rights holders, acknowledging the benefits that they bring to destination countries and facilitating their integration into society is key to instituting a system of fair recruitment for international labour migration. Failing to recognize the huge value of migrant workers and to support their integration legitimizes abuse and exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph