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The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 2.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 2. Protect the labour and human rights of all migrant workers, regardless of their status and circumstances
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 70
- Paragraph text
- Migrants also play an important role in the global economy. They fill labour shortages, contribute their skills, experience and expertise, send remittances home and open up new markets in destination countries. People migrate in part because there is a demand for their labour in destination countries. In many countries, the competitiveness of several economic sectors, such as agriculture, construction, hospitality, care-giving, fishing and extraction, rests on using what may be termed "cheap labour". Given that there are few legal migration channels, however, in particular for low-skilled workers, many migrants find themselves in an irregular situation, working in precarious conditions and exploited by recruiters, employers, smugglers and traffickers (see A/HRC/26/35). The International Labour Organization estimates that forced labour generates $150 billion per year. Many of the victims of forced labour are migrants who leave their country of origin owing to the unrecognized needs in the labour markets in destination countries, given that migrants are often willing to do the dirty, difficult and dangerous jobs that nationals will not, at the exploitative wages and labour conditions that unscrupulous employers will offer.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 47
- Paragraph text
- At the outset, the Special Rapporteur recalls his doubt that detention is ever an effective deterrent for irregular migration, and that in order not to violate international human rights law, detention must be must be prescribed by law and necessary, reasonable and proportional to the objectives to be achieved. However, in the context of his country visits and his research, the Special Rapporteur has observed that, within the discourse of securitization of migration and border control, the systematic detention of irregular migrants has come to be viewed as a legitimate tool in the context of European Union migration management, despite the lack of any evidence that detention serves as a deterrent. Indeed, a notable increase in the use of immigration detention as a tool for European Union border control over the past 10 years corresponds to the development of European Union migration law in this area. In some senses, the harmonization of European Union law, and in particular the passing of the Return Directive, can be said to have institutionalized detention within the European Union as a viable tool in migration management.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- 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. 47
- Paragraph text
- Over the last few years, there has been an upsurge of interest in the likely impact of climate change on population movements. Estimates have suggested that between 25 million and one billion people could be displaced by climate change over the next 40 years. These figures represent the number of people exposed to the risk of climate change in certain parts of the world and do not take account of the measures that could be taken to adapt to these changes. Despite the lack of precise figures, there is now little doubt that parts of the planet are now becoming less habitable due to factors such as climate change, deterioration of agricultural lands, desertification, and water pollution. The number of natural disasters has more than doubled over the last two decades, and more than 20 million people were displaced by sudden-onset climate-related natural disasters in 2008. Further climate change, with global temperatures expected to rise between 2 and 5 degrees centigrade by the end of this century, could have a major impact on the movement of people.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- 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. 14
- Paragraph text
- For decades, many States have responded to persistent irregular migration by intensifying border controls. These measures have often been targeted at wide geographic areas on the borders or coast of a main receiving country or region. In recent years, in an effort to further curb irregular migration and simultaneously address issues of national security, some States were seen as employing techniques in order to "externalize" border controls to countries of origin and transit, whereby utilizing bilateral agreements and/or aid in order to transform these targeted countries into a potential buffer zone to reduce migratory pressures on receiving States. The concern was that these policies, while legitimately aimed at reducing irregular migration, and often incorporated into bilateral agreements that can have positive aspects, have contributed to the criminalization of irregular migration insofar as they treat migration violations as a criminal rather than administrative offence without the proper human rights protections afforded to migrants in the process.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- 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. 51
- Paragraph text
- Proactive regularization procedures should be readily available to help migrants who work and are socially integrated to remain in the country with legal status and to fight exploitation and defend their rights, just like any other workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 52
- Paragraph text
- The Special Rapporteur emphasizes that strengthening access to justice for migrants to pursue judicial remedies directly is essential to combat asymmetry in the trade regime (see sect. V below).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 114
- Paragraph text
- IOM already works very closely with the United Nations, including as a member of the Global Migration Group, and in many countries IOM is part of United Nations country teams. Integrating IOM into the United Nations would thus allow the United Nations to benefit from its vast experience and expertise.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 109
- Paragraph text
- Owing to the lack of a comprehensive framework, global migration governance is fragmented with different institutional approaches and normative frameworks relating to specific aspects of migration, such as the human rights of migrants, the smuggling of migrants, refugees and asylum seekers and labour migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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. 52
- Paragraph text
- The European Commission took note of the issue of forced fingerprinting in 2014. It requested information from European Union member States on the legal frameworks in place and common practices. Some States, such as Greece, Malta and Italy, have legally allowed the use of force if migrants resist fingerprinting, while other States, such as Austria and Ireland, have prohibited such a practice. Responses from all Governments tend to suggest that migrants and asylum seekers are rarely unwilling to give their fingerprints, while others have said that it is very difficult to force a person who fundamentally will not cooperate. Even countries, such as Malta, that reported migrants being uncooperative at the point of disembarkation claimed the individuals could typically be recalled later for fingerprinting. While these reports by member States are encouraging, troubling anecdotal evidence by migrants and front-line workers suggests that force has been used in countries of first entry to the European Union.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 31
- Paragraph text
- Systemic barriers to access to justice can compound abuses of migrants' rights. A number of human rights standards, including the International Covenant on Civil and Political Rights, 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, recognize that everyone has the right to an effective remedy from the competent national tribunals for acts violating the fundamental rights granted to him or her. Despite these international protections, many migrants face serious barriers to accessing remedies when they are exploited and abused within and as a result of the recruitment process. These barriers include: lack of local language skills; limited knowledge about rights and means of remedy; geographical constraints; restrictions of migrants' freedom of movement; fear among migrants of retaliation or economic losses if they make complaints against recruiters; long processing times for complaints; a general practice of recruiters of deliberately avoiding giving migrants documents that could prove payment of fees; fragmentation of different rights across various judicial and non-judicial mechanisms; the growth of non-judicial remedies; and a lack of legal aid.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
- 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
Detention of migrants in an irregular situation 2012, para. 40
- Paragraph text
- Migrant children are sometimes detained together with their parents when the latter are found to be in an irregular situation, justified on the basis of maintaining family unity. Not only may this violate the principle of the best interests of the child and the right of the child to be detained only as a measure of last resort, but it may also violate their right not be punished for the acts of their parents (art. 2, para. 2). This does not mean that the best interests of the child are served through splitting up the family by detaining the parents and transferring their children to the alternative-care system. The detention of their parents has a detrimental effect on children, and may violate children's right not to be separated from their parents against their will, as well as the right to protection of the family set forward in article 23 of the International Covenant on Civil and Political Rights and article 10 of the International Covenant on Economic, Social and Cultural Rights. A decision to detain migrants who are accompanied by their children should therefore only be taken in very exceptional circumstances. States must carefully evaluate the need for detention in these cases, and rather preserve the family unit by applying alternatives to detention to the entire family.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2012
- 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. 57
- Paragraph text
- The Special Rapporteur would also like to note that in some cases, NAPAs identify migration as an adaptation strategy in itself. This perspective appears in two contexts. First, in some countries migration is seen as a way to reduce population pressures in places with fragile ecosystems. Second, some countries recognize that resettlement of some populations may be inevitable, given the likely trends, and should be accomplished with planning. More relevant would be the second type of adaptation strategy involving migration - resettlement to mitigate the harm accompanying climate change, particularly flooding and rising sea levels. In the NAPA of Samoa, for example, it states that relocation of families is a current adaptation strategy in the village community sector. Potential adaptation activities in the NAPA include assistance for relocation of communities inland. A plan entitled Implement Coastal Infrastructure Management Plans for Highly Vulnerable Districts Project envisions incremental relocation of community and government assets outside coastal hazard zones.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Families
- 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. 56
- Paragraph text
- Concerning the strategies to manage environmental migration adopted in developing countries, the Special Rapporteur would like to mention the National Adaptation Programmes of Action (NAPAs) which are considered the principal frameworks adopted by low-income developing countries to manage environmentally induced migration. According to the United Nations Framework Convention on Climate Change (UNFCCC), NAPAs "provide a process for Least Developed Countries (LDCs) to identify priority activities that respond to their urgent and immediate needs to adapt to climate change - those for which further delay would increase vulnerability and/or costs at a later stage". The majority of NAPAs outline the adaptation strategies described as ways to reduce migration pressures and allow people to remain in their original settlements. The strategies generally seek to adapt agricultural practices, management of pastoral lands, infrastructure such as dykes and coastal barriers, fishing patterns and other strategies to reduce pressures on fragile ecosystems, thereby allowing populations to remain in place.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- 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
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 62
- Paragraph text
- Creating legal options to address the situation of persons who are not deemed refugees but who may require international protection on an individual basis is one of the most promising policies and programmes that have been drawn to the Special Rapporteur's attention. Promising measures in this regard include the "discretionary leave to remain" and the "humanitarian protection leave" available in the United Kingdom of Great Britain and Northern Ireland, which can be granted for a maximum three-year period and which are available to individuals who have not been considered for international protection or who have been excluded or to persons, who, if returned to their countries, might face serious risk to their life arising from the death penalty, unlawful killing, torture or inhuman or degrading treatment or punishment. Similarly in Germany, the commissions for hardship cases, established as part of the German Residence Act of 2005, may recommend granting a residence permit to unsuccessful asylum-seekers who, otherwise, would be obliged to leave the country. This mechanism enables the authorities to review the individual circumstances of the applicants beyond the requirements set up in the international refugee regime.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 55
- Paragraph text
- The Special Rapporteur also praises the adoption of the 10-point plan of action by the Office of the United Nations High Commissioner for Refugees (UNHCR) in 2007. The plan is a tool to assist all stakeholders in migration management policies, especially in the context of mixed migratory flows where protection initiatives are particularly required. In his view, the 10 areas addressed in the plan should feature prominently in migration management initiatives and activities in countries of transit and destination. The areas are: cooperation among key partners; data collection and analysis; protection-sensitive entry systems; reception arrangements; mechanisms for profiling and referral; differentiated processes and procedures; solutions for refugees; addressing secondary movements; return arrangements for non-refugees and alternative migration options, and information strategy. The Special Rapporteur commends the impact of the plan, which inspired the development of protection initiatives in various regions and which were compiled in 2009 by UNHCHR. He welcomes the compilation as a knowledge-sharing tool that provides practical guidance for the implementation of the 10-point plan in action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- 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. 77
- Paragraph text
- Migration governance institutions should be able to ensure that the data, including the identities of those who participated in the production thereof, are protected and kept confidential. The right of migrants to privacy needs as much protection as that of citizens.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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. 59
- Paragraph text
- The increasing practice of migration detention is not automatically accompanied by assurances of legal guarantees and basic human rights protection for detainees. The access of migrants to justice is severely hampered by a failure to guarantee appropriate detention safeguards for vulnerable individuals and access to proper legal representation, legal aid, consular services, interpretation and translation services and effective remedies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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. 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
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