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Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 21
- Paragraph text
- The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 42
- Paragraph text
- Such complexities do not serve as excuses for not undertaking profiling, given that the failure to do so complicates planning and programming regarding durable solutions and may actually render such solutions unsustainable. Rather, the complexities point to the need for and importance of specialized and knowledge-based services in the field of profiling, such as those provided by the Joint IDP Profiling Service. Georgia, Serbia and Sri Lanka offer examples of recent profiling exercises in the context of durable solutions. The Special Rapporteur insists on the absolute necessity of profiling exercises to ensure that policies and programmes effectively respond to the evidence-based durable solution needs of internally displaced persons. In many contexts, the lack of cross-thematic profiles of the experience and intentions of displaced persons makes programming and policies less adapted and accurate. As often emphasized by the Special Rapporteur, the profiling exercise should, to achieve its goal, remain participatory and respectful of the anonymity required for the protection of those concerned.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 43
- Paragraph text
- It is well established that the term "cruel, inhuman or degrading treatment or punishment" must be interpreted to extend the widest possible protection against abuses (see the Body of Principles). When persons are deprived of liberty, the prohibition of torture and ill-treatment overlaps with and is supplemented by the principle of humane treatment of detainees (see A/68/295). The European Court of Human Rights, in Bouyid v. Belgium, has highlighted the inherent link between concepts of degrading treatment or punishment and human dignity, finding that treatment that "humiliates or debases an individual, show[s] a lack of respect for or diminish[es] his or her human dignity, or arouses feelings of fear, anguish or inferiority capable of breaking an individual's moral and physical resistance" may be characterized as degrading. Any act by law enforcement that diminishes a person's human dignity, including the use of physical force when not strictly necessitated by his or her conduct, violates the prohibition of torture and ill treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 25
- Paragraph text
- The European Court of Human Rights, in El-Masri, held that a State was responsible for acts performed by foreign officials on its territory with the "acquiescence or connivance of its authorities", imputing to the former Yugoslav Republic of Macedonia harmful conduct that was "carried out in the presence of [its] officials" and within its jurisdiction". The Court further found that Poland had an obligation to do more than refrain from collaborating with and facilitating the Central Intelligence Agency rendition programme when it knew or ought to have known that detainees would be subject to extraordinary rendition and exposed to a risk of torture or other ill-treatment upon transfer. Even when the Polish authorities did not "know exactly or witness what was happening in the facility", they were required to take measures to ensure that individuals within their jurisdiction were not subjected to mistreatment, including harm administered by private individuals (Abu Zubaydah v. Poland). The State should have taken steps to "inquire into whether [the activities of the Agency] were compatible" with the international legal obligations of Poland and indeed acted to prevent the activities in question (Al Nashiri v. Poland).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 76
- Paragraph text
- The Special Rapporteur asserts that social isolation is contrary to article 10, paragraph 3, of the International Covenant on Civil and Political Rights, which states that "The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation" (General Assembly resolution 2200 (XXI), annex). Long periods of isolation do not aid the rehabilitation or re-socialization of detainees (E/CN.4/2006/6/Add.4, para. 48). The adverse acute and latent psychological and physiological effects of prolonged solitary confinement constitute severe mental pain or suffering. Thus the Special Rapporteur concurs with the position taken by the Committee against Torture in its General Comment No. 20 that prolonged solitary confinement amounts to acts prohibited by article 7 of the Covenant, and consequently to an act as defined in article 1 or article 16 of the Convention. For these reasons, the Special Rapporteur reiterates that, in his view, any imposition of solitary confinement beyond 15 days constitutes torture or cruel, inhuman or degrading treatment or punishment, depending on the circumstances. He calls on the international community to agree to such a standard and to impose an absolute prohibition on solitary confinement exceeding 15 consecutive days.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 47
- Paragraph text
- Other practices not directly related to the right to freedom of peaceful assembly may also be used as leverage to keep certain groups from freely exercising such right. Those practices include the expulsion of students from universities for participating in peaceful protests (for example, in Chile), the arrest and detention of, and excessive use of force against, peaceful Tibetan students calling for freedom to study the Tibetan language (China), the threat of revocation of residency, refugee or asylum status for participating in peaceful demonstrations, the existence of institutional obstacles that prevent demonstrators from receiving competent legal assistance if charged with an assembly-related crime (including the harassment and intimidation of lawyers who provide such assistance), and the threat of termination of employment (and legal residency status linked to employment in some circumstances) for participating in peaceful protests, for foreigners and migrants.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 39
- Paragraph text
- Problems can arise even in States where the assembly rights of non-citizens are protected by law. The Special Rapporteur has received reports that in Cyprus, for example, some private employment contracts prohibit migrants from engaging in political activity, effectively depriving that group of their right to peacefully assemble (and freely associate). Although provisions contained in private employment contracts do not represent direct restrictions from the State, the State does have an important and pivotal role in prohibiting such restrictions, that is, by rejecting such restrictions as valid contractual terms under domestic law. The Special Rapporteur recalls that Member States have a responsibility to facilitate and protect the right to freedom of peaceful assembly. States should closely examine their role in supporting, even if inadvertently, private restrictions on that right. State mechanisms and institutions must not be used to enable private actors to abrogate fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 15
- Paragraph text
- The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 15
- Paragraph text
- The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 37
- Paragraph text
- States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 35
- Paragraph text
- The Committee on the Rights of the Child, in its general comment No. 12, underlines that adequate measures to guarantee the right to be heard should be implemented in the context of international migration, as children who come to a country could be in a particularly vulnerable and disadvantaged situation. For that reason, it is critical to implement fully their right to express their views on all aspects affecting their lives, including as an integral part of immigration and asylum proceedings, and for their views to be given due weight. Children may have their own migration projects and migration-driving factors, and policies and decisions cannot be effective or appropriate without their participation. The Committee also emphasizes that these children should be provided with all relevant information, inter alia, on their rights, the services available, means of communication, complaints mechanisms, the immigration and asylum processes and their outcomes. Information should be provided in the child’s own language in a timely manner, in a child-sensitive and age-appropriate manner, in order to make their voice heard and to be given due weight in the proceedings.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 37
- Paragraph text
- States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 35
- Paragraph text
- The Committee on the Rights of the Child, in its general comment No. 12, underlines that adequate measures to guarantee the right to be heard should be implemented in the context of international migration, as children who come to a country could be in a particularly vulnerable and disadvantaged situation. For that reason, it is critical to implement fully their right to express their views on all aspects affecting their lives, including as an integral part of immigration and asylum proceedings, and for their views to be given due weight. Children may have their own migration projects and migration-driving factors, and policies and decisions cannot be effective or appropriate without their participation. The Committee also emphasizes that these children should be provided with all relevant information, inter alia, on their rights, the services available, means of communication, complaints mechanisms, the immigration and asylum processes and their outcomes. Information should be provided in the child’s own language in a timely manner, in a child-sensitive and age-appropriate manner, in order to make their voice heard and to be given due weight in the proceedings.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- 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 6.1.
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Establish firewalls between immigration enforcement and public services, thereby allowing for access to justice, housing, health care, education, police, social and labour services for all migrants, without fear of detection, detention and deportation
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 73
- Paragraph text
- Finding housing is also a significant challenge for ex-prisoners, as they may not have enough money to pay upfront housing costs such as security deposits; application forms may require a disclosure of criminal history, which may impede access to housing; and they may be unable to return to or are unwelcome in their previous home.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 35
- Paragraph text
- In this context, the Special Rapporteur intends to look with a renewed degree of scrutiny into the particular risks of torture and other cruel, inhuman or degrading treatment or punishment faced by irregular migrants in today's world. He will do so keeping in mind the New York Declaration for Refugees and Migrants, adopted by the General Assembly on 19 September 2016, in which States committed to protect the human rights of all refugees and migrants.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 32
- Paragraph text
- The Special Rapporteur is interested in conducting a global survey on how States implement such safeguards. He will actively cooperate with Governments during his tenure to identify challenges and best practices and to encourage States to live up to their obligations to fully implement relevant safeguards in order to make detainees' rights a reality rather than an aspiration.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86k
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To ensure appropriate resources and staffing for all places of deprivation of liberty.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 54
- Paragraph text
- Collecting, sharing or receiving information from a country that is known, or ought to be known, to use torture in a widespread or systematic way is turning a blind eye to what goes on and is tantamount to complicity in torture, as it tacitly acknowledges the illegal situation and fails to prevent and discourage the use of torture. Systematic or widespread violations include torture, both as a State policy and as a practice by public authorities, over which a Government has no effective control. Thus, if a State is known to torture detainees, or specific categories of detainees, systematically, no other State may actively collect, share or recognize any information it receives from an agency of that State as "lawfully obtained", nor may it "passively" accept such information. In addition, collecting, sharing or receiving information from a State that is known, or ought to be known, to use torture in a widespread or systematic way would also trigger State responsibility under draft article 41 on the responsibility of States for internationally wrongful acts. Commentaries of the International Law Commission specify that the non-recognition obligation contained in draft article 41, paragraph 2, also prohibits acts which would imply such recognition.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 77
- Paragraph text
- The Special Rapporteur recalls that the perceived fairness of a complaints system is indeed fundamental to its effectiveness in combating impunity and promoting a safe custodial environment. Sufficient safeguards and opportunities must be in place to make a complaint and to ensure the independence, reliability, confidentiality and safety of complaint mechanisms (see, for example, the United Nations Rules for the Treatment of Women Prisoners, rule 25 (1)). Moreover, the right of detainees to file a complaint implies facilitating simple, prompt and effective recourse before competent, independent and impartial authorities against acts or omissions. Appropriate systems must be established to handle and process these complaints, ensuring access to independent lawyers and timely independent medical examination and guaranteeing the safety and security of the complainant. The Rules should place an obligation on prison authorities to take effective measures to protect complainants against any form of intimidation, reprisals and other adverse consequences. Measures in this regard include the transfer of the complainant or the implicated personnel to a different detention facility or the suspension from duty of the personnel. It is also important that the Rules integrate a provision obliging the personnel to guarantee the timely enforcement of any decision granting the remedy.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 64
- Paragraph text
- Deprivation of personal liberty, which is one of the most precious human rights, is an indispensible tool of criminal justice. However, what is often forgotten, is that detainees should continue to enjoy all other liberties and human rights, unless further restrictions are absolutely necessary for upholding prison discipline or for similar justified reasons. As the Special Rapporteur described in his most recent report to the General Assembly, the reality in most countries is totally different. Since it is an essential element of fact-finding during country missions to visit prisons, police lock-ups, closed psychiatric institutions and other places of detention, the Special Rapporteur had a fairly comprehensive insight into the conditions of detention around the world. In many countries, he was shocked by the way human beings are treated in detention. In this regard, he is most concerned about the structural deprivation of most human rights, notably the rights to food, water, clothing, health care and a minimum of space, hygiene, privacy and security necessary for a humane and dignified existence. It is the combined deprivation and non-fulfilment of these existential rights which amounts to a systematic practice of inhuman or degrading treatment or punishment and, around the world, there is an urgent need to ensure more respect for detainees and improve conditions of detention: the respect shown for the detainees is a mirror of a country's general human rights culture.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 48
- Paragraph text
- The Special Rapporteur is unable to think of any other mechanism where the gap between the protection required by international instruments and the actual situation is as glaring. One of the most vivid, indicative and telling situations he encountered during one of his missions was where he found more than 70 detainees crammed into a small, badly lit and filthy cell, who had been there up to more than two years, and who had not once left the cell since their arrival. They were held incommunicado, some secretly, and many reported how they were most seriously tortured by the police during arrest and interrogation. None of them had received any medical treatment. This was just a few metres behind a human rights desk, which had been set up to receive complaints by detainees. Several officers were on duty at the desk, their workplace was adorned with a complaints box and posters on the rights of detainees. They had never received a single complaint from a detainee. These human rights desks are only one example of numerous utterly ineffective complaints mechanisms. Whenever the Special Rapporteur receives information from officials that torture is not an issue in their country because no complaint has ever been filed, that has, in practice, been a clear signal that the opposite is the case - that torture is routine and that detainees are too afraid or simply unable to complain.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 75
- Paragraph text
- The ultimate aim must be to prevent acts of torture and ill-treatment before they occur. There are numerous methods of prevention that have been developed in the past, which, if adequately implemented by States, could easily eradicate torture: abolition of secret and incommunicado detention; proper registration of every detainee from the moment of arrest or apprehension; prompt access to legal counsel within 24 hours; access to relatives; prompt access to an independent judge; presumption of innocence; prompt and independent medical examination of all detainees; video/audio recording of all interrogations; no detention under the control of the interrogators or investigators for more than 48 hours; prompt, impartial and effective investigation of all allegations or suspicions of torture; inadmissibility of evidence obtained under torture; and effective training of all officials involved in the custody, interrogation and medical care of detainees. As previously emphasized by the Special Rapporteur and his predecessors, the most effective preventive measure against torture and ill-treatment is the regular inspection of places of detention. Regular inspections can ensure the adequate implementation of the above-mentioned safeguards against torture, create a strong deterrent effect and provide a means to generate timely and adequate responses to allegations of torture and ill-treatment by law enforcement officials.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 83
- Paragraph text
- States should also implement "firewalls" between immigration enforcement and public services, thereby allowing for access to justice, housing, health care, education, social and labour services for all migrants, whatever their status, without fear of detection, detention and deportation, as recently recommended by the Council of Europe.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- 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. 114
- Paragraph text
- [To the European Union and its member States] Develop "firewalls" between immigration enforcement and public services, so that all migrants in the European Union can seek access to justice and to social services without fear of being denounced to immigration enforcement authorities and deported.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 103
- Paragraph text
- Implement "firewalls" between immigration enforcement and public services such as police, health care and education, in order to make sure that irregular migrant workers enjoy their civil, economic, social and cultural rights without fear of being identified, arrested, detained and deported.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 55
- Paragraph text
- The United Nations Standard Minimum Rules for Non-Custodial Measures, although they relate to non-custodial measures in the criminal justice system, may by analogy provide some important guidance on non-custodial measures applied to migrants. The rules provide, inter alia, that the introduction, definition and application of non-custodial measures shall be prescribed by law, decisions on the imposition of non-custodial measures shall be subject to review by a judicial or other competent independent authority, the person subject to non-custodial measures shall be entitled to make a request or complaint to a judicial or other competent independent authority on matters affecting his or her individual rights in the implementation of non-custodial measures, the dignity of the person shall be protected at all times, and the right to privacy shall be respected. Furthermore, the most suitable type of supervision and treatment should be determined for each individual case, and supervision and treatment should be periodically reviewed and adjusted as necessary. At the beginning of the application of a non-custodial measure, the person shall receive an explanation, orally and in writing, of the conditions governing the application of the measure, including his or her obligations and rights, and the failure of a non-custodial measure should not automatically lead to the imposition of a custodial measure.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 69
- Paragraph text
- The reasons put forward by States to justify detention should be clearly defined and exhaustively enumerated in legislation. If, as a measure of last resort, a State resorts to detention for immigration-control purposes in an individual case, this should be considered only when someone presents a risk of absconding or presents a danger to their own or public security
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- 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. 35
- Paragraph text
- The Special Rapporteur recalled that the enjoyment of these rights by all individuals in society regardless of their citizenship, nationality and immigration status is not only an end in itself as a matter of entitlement, but also a crucial means to ensure equitable human development and social integration of migrants in host societies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- 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. 91
- Paragraph text
- Alternatives to detention should be available to all irregular migrants and asylum-seekers, whether documented or undocumented. Recourse to alternative measures should be based on an individual assessment of the migrant's particular circumstances and be available in practice without discrimination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph