A/HRC/37/34
disasters, climate change and environmental degradation, gender inequalities, separation
from family, and lack of access to the rights to education, health, including sexual and
reproductive health, decent work, or food and water. Migrants who are compelled to move
are at greater risk of human rights violations throughout their migration (see A/HRC/31/35,
para. 11). As noted above, in some circumstances, these drivers may sometimes give rise to
refugee protection needs.16
B.
Vulnerable situations associated with situations that migrants
encounter during their journey and at destination
15.
Migrants are often obliged to employ dangerous forms of transport or to travel in
hazardous conditions. Many will make use of smugglers and other types of facilitator, some
of whom may place them in situations of exploitation or subject them to other forms of
abuse. Some may be at risk of trafficking as they move. During their journeys, migrants
may lack water or adequate food, face violence or have no access to medical care. Many
migrants spend long periods in transit countries, often in irregular and precarious
conditions, unable to access justice and at risk of a range of human rights violations and
abuses, including sexual and gender-based violence and treatment which may amount to
torture and other cruel, inhuman or degrading treatment or punishment. A range of practices
may put the health and safety of migrants at risk and expose them to human rights
violations. These include: closure of borders; denial of access to effective screening and
identification; arbitrary rejection at the border; collective expulsion; violence by State
officials and other actors (including criminals and civilian militias); cruel, inhumane or
degrading reception conditions; denial of humanitarian assistance; and failure to separate
the delivery of services from immigration enforcement.
C.
Vulnerable situations associated with a person’s identity, condition or
circumstances
16.
As they move, some migrants are more at risk of human rights violations and abuses
than others. Some will experience discrimination due, inter alia, to their age, gender,
ethnicity, race, nationality, religion, language, sexual orientation, gender identity or
migration status. Some experience discrimination on several and often intersecting grounds.
People who are living in poverty, including because they are subject to discrimination due
to their economic position, are particularly at risk of human rights abuses in the context of
migration. Generally, pregnant or nursing women, persons in poor health (including those
living with HIV), persons with disabilities, older persons and children, including
unaccompanied or separated children, are specifically at risk because of their physical or
psychological condition.
IV. Principles and guidelines
17.
The international human rights framework that States have put in place provides
protection to all persons, including to all migrants. However, the framework’s application
to migrants who are in situations of vulnerability is often less clearly understood. States
(and other stakeholders) therefore lack complete guidance on how to operationalize the
framework in such situations. The principles and guidelines attempt to meet this need. They
provide advice to States (and other stakeholders as relevant) on how they should implement
their obligations to respect, protect and fulfil the human rights of migrants who are in
16
6
or stay arrangements may be particularly suited to providing flexible and speedy responses to such
protection needs. See, on the latter, UNHCR, “Guidelines on temporary protection or stay
arrangements”, February 2014, available at www.refworld.org/docid/52fba2404.html.
See UNHCR, “Persons in need of international protection”, June 2017, available at
www.refworld.org/docid/596787734.html.
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