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The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 7.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 7. Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- 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. 43 (Goal 1.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 1. Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 75
- Paragraph text
- As briefly discussed, this new diversity affects host societies in many ways. Amongst the most important are the issues of political participation, cultural pluralism and national identity. As mentioned above, migration has already had major effects on the politics of most host countries. Consequently, the Special Rapporteur suggests further study and discussion on the issue of the political participation of migrants and its links to the concept of a broad citizenship. Migrants are able to make a contribution to the development of new forms of identity. It is inherently part of the migrant condition to develop multiple identities, which are linked to the cultures both of the homeland and of the country of origin. A more thorough research and discussion on the civil rights of migrants and their political participation in host societies could reflect the different situations faced by migrants in various States and identify best practices and examples of successful integration in host societies through participation in the decision-making process affecting the interests of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 69
- Paragraph text
- Although most countries with migrant populations do not oblige their citizens to vote, there is certainly a public interest in facilitating and encouraging political participation as a form of active citizenship. High rates of participation strengthen the democratic legitimacy of political authority and may also promote political community through a shared sense of common responsibilities. Low participation rates correlate strongly with socio-economic status and thus create a class bias in democratic politics. With regard to the political participation of ethnic and racial minorities, this represents an issue of special concern. In democratic societies, these communities are more vulnerable when they are politically isolated. They are more easily targeted as outsiders, cannot voice their own interests, and often come to be regarded as second-class citizens. For these groups of migrant origin which also consist of ethnic and racial minorities, low rates of political participation do not result from their own choices but are due to other circumstances, some of which can be influenced by public policy.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 29
- Paragraph text
- Children on the move are migrant children taking an active part in the migration process, particularly at the passage and arrival stages in countries of transit and destination. They may be found migrating with their family members or independently, to seek opportunities for both education and employment. Children may also be forcibly on the move, such as when falling prey to transnational organized crime and exploitation networks. Unaccompanied and separated children on the move faced greater vulnerabilities and risks, including discrimination, sexual and other forms of violence. Frequent human rights issues affecting children on the move also included deportation and repatriation. Children should be repatriated only if it is in their best interest, namely, for the purpose of family reunification and after due process of law. Another major concern related to the particular vulnerability of children who were unaccompanied, undocumented and/or entering countries irregularly, including within mixed migratory flows, to unlawful or arbitrary deprivation of liberty.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 72
- Paragraph text
- A fundamental shift in how migration is framed is thus required, in both actions and words. Many of the intersecting and negative perceptions of migrants and migration that have pervaded public debates, policies and politics must be challenged. Appropriate language, precise data and policies that promote respect and acceptance of cultural diversity will favour the inclusion of migrants, facilitate their integration and increase their contribution to development.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 55
- Paragraph text
- Upon arriving undocumented in countries of transit or destination, all migrants fall within the category of irregular migrants. Prompt and proper individual screening and assessment procedures are required in order to effectively identify their specific vulnerabilities and determine the legal protection frameworks that meet their needs. The lack of individual assessments and of the possibility for migrants to state their claims, outlining the risks they may face when returned to their countries of origin, creates a potential violation of the international principle of non-refoulement. The Special Rapporteur stresses that the principle is stronger as codified in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as absolute and without exception, than that found in refugee law, meaning that persons may not be returned even when they may not otherwise qualify as refugees under the Convention relating to the Status of Refugees or national law and even when national security is involved. Accordingly, non-refoulement under the Convention against Torture must be assessed independently of refugee or asylum status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases in which protection against refoulement under refugee law may not be available.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- 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. 53
- Paragraph text
- Human rights are not reserved for citizens; they benefit everyone, everywhere. States must promote and protect the rights of all in their territory or within their jurisdiction, without discrimination, regardless of status and circumstances. While States have the power to admit, refuse to admit or return migrants, they equally have an obligation to respect the human rights of migrants in the process.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- 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. 10
- Paragraph text
- Taking into consideration the current dynamics of push and pull factors and in the light of his observations on the need to facilitate mobility, the Special Rapporteur suggests that the global compact for safe, orderly and regular migration should include provisions on the development of a 2035 agenda for facilitating human mobility under the framework of the United Nations, in parallel to the 2030 Agenda for Sustainable Development (General Assembly resolution 70/1).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- 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. 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. 42
- Paragraph text
- Building upon the experience of his mandate since 2011, the Special Rapporteur presents the following agenda as a road map as a way of demonstrating the content, scale, practicability and scope of a future 2035 agenda. The agenda encompasses eight human mobility goals, together with targets and indicators, aimed at facilitating human mobility while ensuring respect for the human rights of all migrants, regardless of their status, skills, age, gender or sexual orientation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 41
- Paragraph text
- On the basis primarily of targets 10.7 and 8.8, the Special Rapporteur intends to recommend that States and other stakeholders develop long-term strategies to fulfil their obligations towards all migrants, including migrants in a precarious situation, as set out in the Sustainable Development Goals.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- 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. 40f
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Provide legal identity for all, including birth registration, by 2030 (target 16.9);
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 40d
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Promote and enforce non-discriminatory laws and policies for sustainable development (target 16.b);
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 39
- Paragraph text
- The inclusion of migrants in the Sustainable Development Goals demonstrated that all States without a doubt acknowledged the importance of better-governed mobility. Given that the process is already under way, the Special Rapporteur proposes harnessing the energy of this existing process and developing recommendations on how it can be further developed for migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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. 37a
- Paragraph text
- [Solutions to human mobility needs can be developed along two major axes, as outlined by the Special Rapporteur in previous reports:] Developing refugee settlement programmes to serve more refugees than the current 1 per cent. Private sponsorship of refugees should be included in these programmes, because it progressively builds a constituency of nationals who are in favour of welcoming refugees;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 32
- Paragraph text
- In order to facilitate mobility, States must increase regular channels for migration and the taxation of mobility, through the progressive expansion of visa liberalization and easily accessible visa facilitation regimes and/or schemes, such as refugee settlement, temporary protection, visitor, family reunification, work, resident, retirement and student visas, with all the identity and security checks that efficient visa regimes can provide.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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 human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 19
- Paragraph text
- Political rhetoric on migration most often does not reflect reality, notwithstanding facts and figures to the contrary. Such rhetoric shapes public perceptions of migration. Any attempt to develop an agenda for migration should therefore outline, for populations of all countries and for their politicians, an inspiring narrative of how well-governed mobility could contribute to the prosperity and stability of society.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 15
- Paragraph text
- All migrants should be recognized and treated with respect and dignity as equal rights holders, regardless of their migratory status in relation to the sovereign territory in which they find themselves. Under international law, States have the duty to protect migrants at all stages of the migratory process and to provide them with access to justice to remedy any discriminatory treatment or human rights violations that they experience.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- 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. 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. 101
- Paragraph text
- Upon arriving undocumented in countries of transit or destination, all migrants and refugees fall within the category of irregular migrants and are often treated as such. Proper individual assessments for all are required in order to effectively identify their vulnerabilities and the legal framework under which their need for protection will fall.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- 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. 96
- Paragraph text
- Consulates can add to the difficulties faced by their nationals, as they may show reluctance to support their efforts in pursuing judicial remedies so as not to affect their competitiveness in the international labour recruitment market. Consular support should always be available to migrants in countries of destination so that they are able to access information and assistance on alternatives to exploitative situations and on access to justice and social protection services (see A/70/310).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 88
- Paragraph text
- The Special Rapporteur stresses that, upon arrival, all irregular migrants should have proper individual assessments carried out for all their human rights protection needs, and not only for those who are manifestly refugees and victims of trafficking: children, families with children, pregnant women, persons with disabilities or illnesses and elderly migrants also have need of protection. Quick screening processes should not increase the risk of refoulement for those needing protection.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 52
- Paragraph text
- A number of trade agreements contain clauses relating to the mobility of persons, although they oftentimes refer only to executives and highly skilled expatriates. Such clauses should be expanded to cover migrants at all skills levels and should be inserted in a human rights framework, which would improve their coherence. Such clauses should include rigorous due diligence, monitoring and oversight mechanisms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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