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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
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
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
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 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. 34
- Paragraph text
- The Special Rapporteur is also aware of situations where discrimination against migrants can escalate to verbal intimidation, physical and sexual violence or death. The United Nations has found that 59 per cent of trafficked Cambodian migrants interviewed aboard Thai fishing vessels reported witnessing the murder of a co-worker.
- 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
- 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. 70
- Paragraph text
- Consequently, migrants make a realistic assessment of the options offered to them and factor the recruitment system into their plans for migration, thus accepting negative consequences and further embedding the normalization of exploitation and suffering. Their choices are limited, as their immediate objective is sending money home to repay any debt incurred and to put bread on the family table.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 66
- Paragraph text
- Abuses of the rights of migrant workers are not isolated incidents taking place in a vacuum. First, unethical recruitment practices thrive in an environment in which the prices of goods and services are dependent upon a supply of cheap labour. Ethical recruiters struggle to compete within a system that has adapted to the vicious cycle of wholesale exploitation and systematic suffering.
- 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
- 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
Recruitment practices and the human rights of migrants 2015, para. 25
- Paragraph text
- During his 2012 visits to Italy, the Special Rapporteur learned that the wages received by migrant workers, often employed within the agricultural sector, were often not sufficient to maintain an adequate standard of living. Reports suggested migrants were being paid €20 or less for 10 hours of difficult manual work. Complete impunity appeared to surround the situation of these workers, who were being exploited by landlords and employers to benefit the Italian economy.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 20
- Paragraph text
- Economic exploitation begins as migrants decide to leave their home country and migrate to countries where there are possible economic opportunities. Unscrupulous recruiters charge large fees for facilitating work opportunities for migrants that can amount to up to $15,000. These fees are often for poorly paid economic opportunities; jobs that are dramatically different from those agreed by the migrants at home; and in some cases non-existent roles.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 7
- Paragraph text
- The Special Rapporteur on the human rights of migrants has paid particular attention to recruitment practices as one of the key areas of work for his mandate. This hugely complex and challenging issue is gaining prominence within debates relating to the human rights of migrants. The Special Rapporteur is concerned about the apparent growing prevalence of severe exploitation and abuse suffered by migrants at the hands of recruiters and subagents in countries of origin and destination.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 54
- Paragraph text
- Migrant women also face discrimination due to pregnancy. Some countries subject women migrants to mandatory testing, and women who are pregnant risk losing their residence and work permits. The Special Rapporteur has received allegations concerning proposed regulations to deport pregnant migrant workers, which may in turn compel these women to seek unsafe abortions as their only option to stay employed, exposing them to serious health risks, including risk of death. Migrant women are also at risk of gender-based violence, particularly those who work as domestic workers. The Special Rapporteur has met with several women domestic workers who were victims of sexual harassment and abuse. Those who become pregnant as a result of rape seek to have unsafe abortions or abandon their babies in order to avoid being stigmatized upon their return to their home countries, where they may already have a husband and children. Migrant women who are sponsored by their husband, and whose residence status depends on him, are vulnerable to domestic violence. During one of his visits, the Special Rapporteur met with a migrant woman who ran away from an abusive husband, and he then proceeded to cancel her residence permit. Some women who migrate to work as domestic workers are deceived by their recruiters and end up in forced prostitution, amounting to trafficking for the purpose of sexual exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 52
- Paragraph text
- Migrant domestic workers, especially live-in workers, are particularly vulnerable to abuse as their workplaces are in private households, behind closed doors and out of the public eye. They are thus physically isolated, which makes it difficult for them to take collective action. They are frequently unregistered, and form part of the informal labour market. The frequent abuse against migrant domestic workers is further aggregated by the lack of labour inspections in private households. The right to change employer is instrumental in facilitating the escape of migrant domestic workers from exploitative and abusive situations. It is important for abused domestic workers to receive support and assistance and be able to file a complaint against their employer and seek work with another employer without facing the risk of being deported. A good practice brought to the Special Rapporteur's attention concerns a visa system in which visas are granted to the individual domestic workers and entitle them to basic labour rights under national employment legislation, including the right to pursue legal remedies against their employers. This has enabled migrant domestic workers to escape abuse and exploitation, in part because the visas are not tied to their employers. Consequently, domestic migrant workers who wish to leave their employers due to abuse, exploitation or other forms of ill-treatment are not treated as irregular migrants facing the risk of arrest and imprisonment, but rather as victims.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 89d
- Paragraph text
- [Indicators should include:] Time frame and coverage of laws that protect all migrants and their families against all forms of discrimination, labour exploitation, abuse, xenophobia, violence and related intolerance, with a focus on marginalized groups, including children and women;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 87b
- Paragraph text
- [A target should be developed that focuses on the reduction of crime and violence against migrants during their migration journey and ensuring the effective protection and assistance to victims of such exploitation and abuse. Indicators should focus on:] Number of cases in which migrants are offered special visa protection or other protective measures for victims of trafficking and forced labour.
- 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
Human rights of migrants in the post-2015 development agenda 2014, para. 87a
- Paragraph text
- [A target should be developed that focuses on the reduction of crime and violence against migrants during their migration journey and ensuring the effective protection and assistance to victims of such exploitation and abuse. Indicators should focus on:] Number of prosecutions of human trafficking, smuggling and forced labour;
- 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
Human rights of migrants in the post-2015 development agenda 2014, para. 78f
- Paragraph text
- [A target on ending the worst forms of child labour and protecting the rights of and ensuring safe and secure working environments for all workers, including migrants, should include as indicators:] Number of businesses screening their global supply chains for forced labour and the worst forms of child labour;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 78e
- Paragraph text
- [A target on ending the worst forms of child labour and protecting the rights of and ensuring safe and secure working environments for all workers, including migrants, should include as indicators:] Number of cases in which migrants are offered special visa protections or other protective measures for victims of trafficking and forced labour;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 78c
- Paragraph text
- [A target on ending the worst forms of child labour and protecting the rights of and ensuring safe and secure working environments for all workers, including migrants, should include as indicators:] Incidence of forced labour, human trafficking and the worst forms of child labour, including in domestic work;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 30
- Paragraph text
- The Special Rapporteur has received reports indicating that migrants in detention, both men, women and children, suffer violence, including sexual violence and abuse. The behaviour of the guards is not always adequately monitored, especially if they are employed by private security companies. Proper instruction and training of the personnel who have authority over migrants in detention is therefore of utmost importance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 59
- Paragraph text
- Women, particularly those in the care sector, are especially vulnerable to exploitation and abuse, as they work in physical and social isolation. Men too may experience abuse and exploitation, in sectors such as construction and agriculture. The Special Rapporteur believes in the importance of trade agreements providing all migrants with the opportunity to seek redress for human rights and labour standards violations, without fear of detection, detention and deportation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Men
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 39
- Paragraph text
- As the economic exploitation and human rights abuse of migrant workers become entrenched, the suffering of migrants is becoming integrated into the economics of globalization in a number of ways. First, if prices of goods and/or services are dependent upon a supply of cheap labour, then there is a strong price incentive to continue the exploitation and abuse of migrants. Ethical recruiters struggle to compete within a system that has adapted to wholesale and systematic suffering; a vicious cycle of exploitation continues.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 44
- Paragraph text
- The Special Rapporteur wishes to refer especially to trafficked victims, as he has received information on persons being trafficked and charged with illegal entry or forging of documentation, disregarding their condition as victims of transnational organized crime. Victims are then re-victimized by the criminal justice system and are trapped in a vicious circle of multiple forms of discrimination and victimization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 58
- Paragraph text
- Globally, in sectors where regulation is inadequate, such as domestic work, care, construction, agriculture, the garment industry, food processing and packaging, fisheries, extraction and hospitality, migrants unable to get work permits arrive irregularly and are vulnerable to economic exploitation, abuse and violence. States are well aware of this fact, but can do little to reduce the levels of exploitation, and employers take advantage of the fact that migrants rarely complain, mobilize or contest, owing to their lack of status, political capital or access to justice.
- 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
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. 28
- Paragraph text
- Commonly, boats carrying migrants to the European Union leave from: Egypt and Libya when using central and eastern Mediterranean channels; Morocco and Tunisia when using the western Mediterranean; and Turkey when using the Aegean Sea route. Many migrants have come an extremely long way, including from sub-Saharan countries and countries in the Middle East, to make these journeys. Migrants travelling through the Sahara are subjected to horrific treatment, including rape and other forms of violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 47
- Paragraph text
- Migrants are often deceived by their recruiters about their salaries, working hours, days off and the nature of the work, and experience exploitative working conditions and non-payment of salaries. Such deception and exploitation can amount to trafficking for labour exploitation. Information available to the Special Rapporteur indicates that recruitment agents are sometimes involved in trafficking of migrants for forced labour. They deliberately deceive prospective migrants about the conditions of work and withhold their passports, knowing they will be exploited.
- 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
Labour exploitation of migrants 2014, para. 51
- Paragraph text
- In its General Comment No. 1 (2011) on migrant domestic workers, the Committee on Migrant Workers identified practices that increase the risk of abuse and exploitation in the workplace for migrant domestic workers, including "dependence on the job and employer because of migration-related debt, legal status, practices of employers restricting their freedom to leave the workplace, the simple fact that the migrants' workplace may also be their only shelter". These risks and vulnerabilities are further aggravated for migrant domestic workers who are in an irregular situation, as they often risk deportation if they contact State authorities to seek protection from an abusive employer. The Special Rapporteur has met with domestic workers who had run away from their employers after severe physical, psychological and sexual abuse. They also reported poor working and living conditions, including excessive working hours, sometimes without meal or rest breaks, no weekly days off, not being given sufficient food, not being paid for several months, and having their passports confiscated. They also suffer threats and intimidation, including that their employer will not renew their visa, have them deported, make false allegations to the police about them stealing from the household, or being thrown out into the streets. One case brought to the Special Rapporteur's attention concerned a migrant domestic worker who was repeatedly physically and sexually abused by her employer. She ran away, ended up in a detention centre and later on, while in a psychiatric hospital, committed suicide.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 82
- Paragraph text
- Migrants, with or without regular status, are routinely excluded from access to justice on an equal footing with citizens of the country of destination. Migrants who are unable to claim their rights and report abuses or violations are trapped in a vicious circle of impunity, exploitation and marginalization. Effective and accessible justice systems can be tools to overcome exclusion, for example through the development of progressive jurisprudence on economic and social rights, by enforcing the human and labour rights of migrants and by remedying their exploitation by private or public actors.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph