Search Tips
sorted by
30 shown of 865 entities
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] The number of migrants in immigration detention is considerably reduced;
- 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. Indicator (a)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Judicial appeals of all detention orders are automatically implemented;
- 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. 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
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. 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. Target 5.3.
- Paragraph text
- [Provide effective access to justice for all migrants] End discrimination and inequalities for all migrants in the legislation, policies and practices that regulate access to justice
- 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. Indicator (e)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] The proportion of migrants who are released into non-custodial alternatives to detention is considerably increased;
- 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. Indicator (c)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Pushback operations and collective expulsions are stopped;
- 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
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increased regulation and effective monitoring of the recruitment industry;
- 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
- 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
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
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. 86
- Paragraph text
- The Special Rapporteur proposes that States also develop inclusive processes so as to allow for national consultations that foster better understanding of and adaptation to each goal, target and indicator, according to national contexts, taking into account and carrying the voice of migrants in particular.
- 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. 82
- Paragraph text
- The global compact for safe, orderly and regular migration offers an opportunity for better migration governance that enables States to develop clear, long-term and evidence-based migration policies ensuring full protection of the human rights of all migrants.
- 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. Target 8.1.
- Paragraph text
- [Increase the collection and analysis of disaggregated data on migration and mobility] Collect disaggregated data and indicators in all areas relevant to migration, while ensuring data protection and respect for the right of migrants to privacy, in particular by establishing firewalls in order to enable societies to conduct better-informed public debates and States to make evidence-based policy decisions
- 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. 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. Indicator (a)
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Increased number of countries that have developed national and municipal legislation, policies, plans and programmes on equal access to services for all migrants, allocated the powers and resources needed for the integration of migrants and established firewalls between immigration enforcement and public services;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- 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. Indicator (b)
- Paragraph text
- [Provide effective access to justice for all migrants] Increased proportion of cases in which migrants were effectively provided with competent legal representation, adequate legal aid and proper translation and interpretation services;
- 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. Target 5.4.
- Paragraph text
- [Provide effective access to justice for all migrants] Strengthen the capacity of courts, tribunals, national human rights institutions, ombudspersons and other dispute resolution mechanisms to ensure accountability for violations of the rights of migrants
- 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. Target 5.2.
- Paragraph text
- [Provide effective access to justice for all migrants] Empower migrants to seek and obtain a remedy through the justice system, and strengthen their ability to seek and exercise influence upon law-making and law-implementing processes and institutions
- 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. Indicator (g)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Increased number of countries having ratified the Optional Protocol to the Convention against Torture and adopted national preventive mechanisms mandated to visit all places of deprivation of liberty within their jurisdiction, including places where migrants are detained.
- 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. Indicator (f)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] All forms of detention of migrant children and their families on the basis of their immigration status or that of their parents are abolished;
- 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
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 4.3.
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Expeditiously and completely end the immigration detention of children and their families, and protect the rights, dignity, welfare and best interests of migrant children in all cases
- 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
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 4.2.
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Ensure that the detention of migrants is always a measure of last resort, permissible only when reasonable, necessary, proportionate, decided on a case-by-case basis and enforced for the shortest possible period of time
- 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