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Principles and Guidelines Migrants in Vulnerable Situations Principles and Guidelines, supported by practical guidance, on the human rights protection of migrants in vulnerable situations Principles and Guidelines, supported by practical guidance, on the human rights protection of migrants in vulnerable situations Members of the Global Migration Group Working Group on Migration, Human Rights and Gender include ILO, IOM, OHCHR, UNESCO, UNHCR, UNICEF, UNODC, UNU, UN Women and WHO. With support from: The views and opinions expressed in this publication do not necessarily reflect the official policy or position of Switzerland’s Federal Department of Foreign Affairs FDFA This publication has received financial support from the Government of Catalonia. The information contained in this publication does not necessarily reflect the official position of the Government of Catalonia. TABLE OF CONTENTS LIST OF ABBREVIATIONS v INTRODUCTION 1 GLOSSARY OF KEY TERMS 11 THE PRINCIPLES AND GUIDELINES 19 Principle 1: Primacy of human rights 21 Principle 2: Non-discrimination 23 Principle 3: Access to justice 25 Principle 4: Rescue and immediate assistance 27 Principle 5: Border governance 29 Principle 6: Human rights-based return 31 Principle 7: Protection from violence and exploitation 35 Principle 8: Ending immigration detention 37 Princple 9: Protecting family unity 40 iii Principle 10: Migrant children 42 Principle 11: Migrant women and girls 45 Principle 12: Right to health 47 Principle 13: Right to an adequate standard of living 49 Principle 14: Right to work 51 Principle 15: Right to education 53 Principle 16: Right to information 54 Principle 17: Monitoring and accountability 56 Principle 18: Human rights defenders 58 Principle 19: Data collection and protection 60 Principle 20: Migration governance and cooperation 62 HOW INTERNATIONAL LAW INFORMS THE PRINCIPLES . 65 NOTES . .121 iv LIST OF ABBREVIATIONS AIDS Acquired immunodeficiency syndrome CAT Committee against Torture CEDAW Committee on the Elimination of Discrimination against Women CED Committee on Enforced Disappearances CERD Committee on the Elimination of Racial Discrimination CESCR Committee on Economic, Social and Cultural Rights CMW Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families CRC Committee on the Rights of the Child CRPD Committee on the Rights of Persons with Disabilities HIV Human immunodeficiency virus ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ICMW International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families ICPPED International Convention for the Protection of All Persons from Enforced Disappearance ILO International Labour Organization IMO International Maritime Organization iv v IOM International Organization for Migration LGBTI Lesbian, gay, bisexual, transgender and intersex OECD Organization for Economic Cooperation and Development OHCHR Office of the United Nations High Commissioner for Human Rights UDHR Universal Declaration of Human Rights UNESCO United Nations Educational, Scientific and Cultural Organization UNHCR Office of the United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNODC United Nations Office on Drugs and Crime UN-Women United Nations Entity for Gender Equality and the Empowerment of Women vi INTRODUCTION Around the world, the human rights of millions of migrants, including many involved in large movements or mixed movements, are insufficiently protected or at risk of abuse In the New York Declaration for Refugees and Migrants, the General Assembly recognized the complex nature of contemporary movement: “Since earliest times, humanity has been on the move Some people move in search of new economic opportunities and horizons Others move to escape armed conflict, poverty, food insecurity, persecution, terrorism, or human rights violations and abuses Still others do so in response to the adverse effects of climate change, natural disasters (some of which may be linked to climate change) or other environmental factors Many move, indeed, for a combination of these reasons ”1 The Secretary-General has also noted that, notwithstanding the gradual expansion of refugee protection, many people are compelled to leave their homes for reasons that do not fall within the refugee definition contained in the Convention relating to the Status of Refugees (see A/70/59, para 18) 2 While migration can be a positive and empowering experience for individuals and communities and can benefit countries of origin, transit and destination, it is clear that movement that places people in precarious situations is a serious human rights concern (A/HRC/31/35, 27) Where migrants fall outside the specific legal category of “refugee”, it may be especially important to ensure that their human rights are respected, protected and fulfilled Some migrants will need specific protection because of the situations they left behind, the circumstances in which they travel or the conditions they face on arrival, or because of personal characteristics such as their age, gender identity, disability or health status 1 See also the preamble to the Paris Agreement under the United Nations Framework Convention on Climate Change 2 On persons who are outside their country of origin and who may not qualify as refugees under international or regional law but who may in certain circumstances also require protection from return, see UNHCR, “Persons in need of international protection”, June 2017, available at www refworld org/docid/596787734 html vi 1 The principles and guidelines contained in the addendum to the present document focus on the human rights situation of those migrants who may not qualify as refugees under the Convention relating to the Status of Refugees, yet who are in vulnerable situations and thus in need of the protection of the international human rights framework (A/ HRC/33/67) All persons, including non-nationals, have rights under international human rights law and related standards, and it is important to ensure that these rights are upheld Where persons are entitled to specific protection under international instruments, it is equally important to guarantee these specific protections Refugees and asylum seekers are entitled to specific protection under international and regional refugee law 3 The human rights and particular needs of other persons, including children, trafficked persons, migrant workers, stateless persons and persons with disabilities, have also been recognized in specific international instruments 4 The development of the principles and guidelines is without prejudice to the specific rights accorded to these and other groups of people on the move When the international community adopted the Universal Declaration of Human Rights on 10 December 1948, the Declaration was accepted as a common standard for all peoples and nations It spelled out, for the first time in human history, the minimum civil, political, economic, social and cultural rights that all human beings should enjoy The International Bill of Human Rights (the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) permits a distinction to be made between nationals and non-nationals in respect of only 3 All persons who meet the refugee criteria under international refugee law are refugees for the purposes of international law, whether or not they have been formally recognized as such See, notably, the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, the Convention Governing the Specific Aspects of Refugee Problems in Africa and the Cartagena Declaration on Refugees 4 See, specifically, the Protocol to Prevent, Suppress and Punish raffickingT in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the ILO Migration for Employment Convention (Revised), 1949 (No 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No 143); the Convention relating to the Status of Stateless Persons; and the Convention on the Rights of Persons with Disabilities 2 PRINCIPLES AND GUIDELINES, SUPPORTED BY PRACTICAL GUIDANCE, ON THE HUMAN RIGHTS PROTECTION OF MIGRANTS IN VULNERABLE SITUATIONS two rights, and only in certain circumstances 5 Thus, with those narrow exceptions, the entire international human rights framework applies to all migrants, regardless of where they are, and regardless of their status Human rights are universal, inalienable, indivisible and interdependent The international human rights framework makes clear that, to give effect to these rights and uphold the fundamental principle of non- discrimination, duty bearers must consider the unique and individual circumstances of each person 6 By becoming parties to international human rights treaties, States assume obligations under international law and undertake to establish domestic measures and legislation reflecting those obligations 7 As a result, there may also be practical consequences for municipal authorities and local governments States may also be responsible for the human rights consequences of actions, or failures to 5 Article 25 of the International Covenant on
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