A/HRC/37/34
vulnerable situations, including in the course of large or mixed movements. States are the
primary duty bearer under international law.
18.
The principles are drawn directly from international human rights law and related
standards, including international labour law, as well as from international refugee law,
criminal law, humanitarian law and the law of the sea, and are enshrined in treaty law,
customary international law and general principles of law. 17
19.
The guidelines that follow each principle elaborate international best practice and
are designed to assist States (and other stakeholders where relevant) to develop, strengthen,
implement and monitor measures to protect and promote the human rights of migrants in
vulnerable situations. They are derived from the instruments themselves, from authoritative
interpretations or recommendations by international human rights treaty bodies and special
procedure mandate holders of the Human Rights Council, as well as from other expert
sources.18
20.
It should be noted that the principles and the associated guidelines are interrelated
and inform one another; the 20 principles should therefore be read together.
21.
The principles and guidelines are supplemented by an inventory of “practical
guidance”. The latter document is regularly updated with examples of good and promising
practice on the human rights protection of migrants in vulnerable situations. 19
V. Glossary of key terms
17
18
19
20
21
Key term
Definition
Asylum seeker
An asylum seeker is any person who is seeking protection as
a refugee but whose claim has not been finally determined.
Border authorities
Border guards, consular and immigration officials, border
police, staff at border detention facilities, immigration and
airport liaison officers, coast guard officials and other frontline officers and staff performing border governance roles. 20
Border governance
Legislation, policies, plans, strategies, action plans and
activities related to the entry of persons into, and the exit of
persons from, the territory of a State. It covers detection,
rescue, interception, screening, interviewing, identification,
reception, detention, removal, expulsion, non-admittance and
return, as well as related activities such as training, technical,
financial and other assistance, including that provided to other
States.21
Discrimination
Any distinction, exclusion, restriction or preference based on
race, colour, descent, ethnic origin, sex, age, gender, sexual
Selected extracts of international human rights law and related standards are listed in the annex.
The guidance of international human rights treaty bodies and special procedure mandate holders has
authority on several grounds. First of all, it is legally binding, to the extent that it is based on binding
international human rights law. In addition, the treaty bodies were formally mandated and created
under the provisions of the treaty they monitor; while the mandates of special rapporteurs are created
and defined by States through the Human Rights Council. Both groups of experts benefit from their
close collaboration with States in the system. Finally, the recommendations of treaty bodies and
special procedure mandate holders acquire authority when international and regional judicial
institutions reference them.
See www.ohchr.org/EN/Issues/Migration/Pages/VulnerableSituations.aspx. It should be noted that
OHCHR and the Global Migration Group have not independently verified the information contained
in the inventory of good and promising practices, which is presented without claiming to be complete
or geographically representative.
OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders, chap.
I, para. 10 (d).
Ibid., para. 10 (e).
7
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