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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
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. 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
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
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98ix
- Paragraph text
- [The Special Rapporteur recommends that States:] Devoting particular attention to protecting and promoting the assembly and association rights of migrant workers, who by virtue of their immigration status may lack other mechanisms with which to advance their political, social and economic interests;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98viii
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensuring the availability of effective judicial or other appropriate remedies for the violation of peaceful assembly and association rights that are available to all and are not subject to migration status;
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90f
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Facilitate the issuance of visas for those seeking to engage with multilateral bodies based on their territory;
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Discrimination against non-citizens 2004, para. 9
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that immigration policies do not have the effect of discriminating against persons on the basis of race, colour, descent, or national or ethnic origin;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Discrimination against Roma 2000, para. 10
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To acknowledge wrongs done during the Second World War to Roma communities by deportation and extermination and consider ways of compensating for them.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2000
- 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. 85m
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To ensure that immigration detention is never used as a penalty or punishment of migrant children, including for irregular entry or presence, and to provide alternative measures to detention that promote the care and well-being of the child;
- 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
- Children
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 83
- Paragraph text
- The Special Rapporteur calls upon States to ensure that all persons deprived of their liberty are treated with humanity and respect for the inherent dignity of the human person as protected by article 10, paragraph 1, of the International Covenant on Civil and Political Rights. The Special Rapporteur refers to the Standard Minimum Rules for the Treatment of Prisoners and recommends that States increase the level of psychological, meaningful social contact for detainees while in solitary confinement.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 82
- Paragraph text
- The Special Rapporteur calls upon States to respect and protect the rights of persons deprived of liberty while maintaining security and order in places of detention. He recommends that States conduct regular reviews of the system of solitary confinement. In this context, the Special Rapporteur reiterates that States should refer to the Istanbul Statement on the Use and Effects of Solitary Confinement as a useful tool in efforts to promote the respect and protection of the rights of detainees.
- 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
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 101ii
- Paragraph text
- [The Special Rapporteur recommends that the International Labour Organization:] Enhance policies and programmes to ensure that workers in vulnerable situations, including migrant workers, domestic workers, workers from minority groups and workers in the informal economy, can exercise their rights to freedom of peaceful assembly and of association;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 99
- Paragraph text
- Individuals must have free access to competent legal counsel throughout the period in which they are held in solitary confinement. Where necessary to facilitate complete and open communication between a detainee and his or her legal counsel, access to an interpreter must be provided.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 64
- Paragraph text
- States should ensure that relevant authorities and officials, such as police, border guards, and immigration officials, are adequately trained in the identification of trafficked persons to allow rapid and accurate identification of trafficked persons. Proper identification of trafficked persons is the first step in ensuring that trafficked persons have the opportunity to seek remedies as victims of human rights violations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 74
- Paragraph text
- In most countries, conditions of detention in police custody, pretrial detention, other detention facilities and sometimes in correctional institutions for convicted prisoners, amount to inhuman or degrading treatment. Detainees, whether deprived of their liberty for justified or less justified reasons, belong to the most vulnerable and forgotten sectors of our societies. In practice, they are deprived of most of their liberties and human rights, including the right to an adequate standard of living, food, water, health, education and privacy.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 67
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] Humanitarian and development organizations: Ensure meaningful participation of IDW and girls in the development, implementation, monitoring and evaluation of laws, policies, programmes and activities that affect their lives at all stages of displacement, through ongoing and direct engagement in identifying priorities and devising and implementing responses to them;
- 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
- Humanitarian
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] In particular, all affected persons and groups should have the opportunity to participate in the identification and determination of tenure rights; the choice over, planning and implementation of transitional shelter and permanent housing programmes, and of durable solutions (return, local integration, resettlement); and in decisions over land use planning and restrictions.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- All
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (b)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures, including affirmative measures, to ensure that workers in vulnerable situations have the ability to exercise effectively their assembly and association rights. Such measures should include: Removing impediments to freedom of movement and access to justice (for example, provide temporary immigration status while rights violations are being investigated);
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5f
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To make the necessary changes to the prison regime for prisoners belonging to the groups referred to in the last paragraph of the preamble, so as to take into account their cultural and religious practices;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2004
- 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. 81
- Paragraph text
- The Special Rapporteur recommends that States adopt child-friendly administrative and criminal court procedures and train police officers, border guards, detention staff, judges and others who may encounter children deprived of their liberty in child protection principles and a better understanding of the vulnerabilities of children to human rights violations, such as torture and other forms of ill-treatment. Special mention should be made of girls, who are particularly vulnerable, and to special groups of children, such as minorities, disabled children 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2015
- 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. 80
- Paragraph text
- Within the context of administrative immigration enforcement, it is now clear that the deprivation of liberty of children based on their or their parents' migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children. Following the advisory opinion of the Inter-American Court of Human Rights on the rights and guarantees of children in the context of migration and/or in need of international protection in 2014, the Special Rapporteur recalls the different procedural purposes between immigration and criminal proceedings, and that, in the words of the Court, "the offenses concerning the entry or stay in one country may not, under any circumstances, have the same or similar consequences to those derived from the commission of a crime." The Special Rapporteur therefore concludes that the principle of ultima ratio that applies to juvenile criminal justice is not applicable to immigration proceedings. The deprivation of liberty of children based exclusively on immigration-related reasons exceeds the requirement of necessity because the measure is not absolutely essential to ensure the appearance of children at immigration proceedings or to implement a deportation order. Deprivation of liberty in this context can never be construed as a measure that complies with the child`s best interests. Immigration detention practices across the globe, whether de jure or de facto, put children at risk of cruel, inhuman or degrading treatment or punishment. Furthermore, the detention of children who migrate to escape exploitation and abuse contravenes the duty of the State to promote the physical and psychological recovery of child victims in an appropriate environment. Therefore, States should, expeditiously and completely, cease the detention of children, with or without their parents, on the basis of their immigration status. States should make clear in their legislation, policies and practices that the principle of the best interests of the child takes priority over migration policy and other administrative considerations. Also, States should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified, and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State (A/HRC/20/24, para. 41). While the Special Rapporteur acknowledges that, in certain circumstances it is possible for States to place children in a shelter or other accommodation when it is based on the purpose of child care, protection and support, this should not become a proxy for expanded unnecessary restrictions to the liberty of child migrants and families. States are required to favour measures that promote the care and well-being of the child rather than the deprivation of liberty. Facilities that grant accommodation for migrant children should have all the material conditions necessary and provide an adequate regime to ensure comprehensive protection from ill-treatment and torture, and allow for their holistic development. Migrant children should be separated from children who have been accused or convicted of criminal offences and from adults. The Special Rapporteur notes, however, that separating child migrants from unrelated adults can sometimes itself result in harm by depriving children of important interactions; ample opportunities for broader human interaction and physical activity must therefore be given to unaccompanied migrant children. When children are accompanied, the need to keep the family together is a not sufficient reason to legitimize or justify the deprivation of liberty of a child, given the prejudicial effects that such measures have on the emotional development and physical well-being of children. The Special Rapporteur shares the view of the Inter-American Court of Human
- 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
- Children
- Families
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 98
- Paragraph text
- Detained persons held in solitary confinement must be afforded genuine opportunities to challenge both the nature of their confinement and its underlying justification through the courts of law. This requires a right to appeal all final decisions by prison authorities and administrative bodies to an independent judicial body empowered to review both the legality of the nature of the confinement and its underlying justification. Thereafter, detained persons must have the opportunity to appeal these judgements to the highest authority in the State and, after exhaustion of domestic remedies, seek review by regional or universal human rights bodies.
- 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
Overview of main observations of five years fact-finding and research 2010, para. 73
- Paragraph text
- Although 146 States are party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, most Governments have failed to effectively implement its provisions. Despite the obligation to criminalize torture and prosecute perpetrators of torture under different types of jurisdiction, only very few torturers have been brought to justice worldwide. Impunity continues to be one of the main factors in widespread torture. Despite the obligation to provide victims of torture with an effective remedy and adequate reparation for the harm suffered, only a very small number of victims of torture are able to enjoy this right in the country responsible for inflicting the torture. If victims manage to access medical, psychological and other forms of rehabilitation, this important form of reparation is usually provided by private organizations in countries in which torture victims are granted asylum. Despite the obligation to effectively investigate every allegation or suspicion of torture and ill-treatment, almost no country has established bodies with effective powers of criminal investigation which are also fully independent from the law enforcement officers subject to their investigations. Despite the obligation to take all legislative, administrative, political and other measures necessary to prevent torture, including prompt access of detainees to lawyers, judges, doctors and families, audio- or videotaping of interrogations, the prohibition of using confessions extracted by torture before courts and regular inspections of all places of detention and interrogation by independent bodies, most of the some 10 million detainees around the world can only dream of enjoying such measures.
- 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
Detention of migrants in an irregular situation 2012, para. 75
- Paragraph text
- The Special Rapporteur encourages States to share information with him relating to their experiences in applying alternatives to detention, with a view to identifying best practices.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 60
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] States: Ensure prompt and equitable provision of all necessary personal documentation to IDW;
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 68
- Paragraph text
- Detention for immigration purposes should never be mandatory or automatic. According to international human rights standards, it should be a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available. Governments have an obligation to establish a presumption in favour of liberty in national law, first consider alternative non-custodial measures, proceed to an individual assessment and choose the least intrusive or restrictive 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
Labour exploitation of migrants 2014, para. 82
- Paragraph text
- Make sure that passports and other identity documents are not confiscated, and make the withholding of such documents an offence, with appropriate penalties, and effectively prosecute violations.
- Body
- Special Rapporteur on the human rights of migrants
- 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
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 92b
- Paragraph text
- [Alternative measures should be systematically considered by States before resorting to immigration detention. States should ensure that the conditions and criteria to choose alternative measures do not discriminate in law or practice against particular groups of non-nationals, whether on the basis of their origin, economic situation, immigration or other status. These means also should be:] Subjected to legal review and migrants should therefore be granted the possibility of challenging them before a judicial or other competent and independent authority or body.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph