A/HRC/37/34
other stakeholders on upholding the human rights of migrants in vulnerable situations. A
final section in the addendum sets out the legal basis for the principles, which are derived
from international human rights law and related branches of law, as applicable.
II. Background
6.
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.
7.
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.” 5 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).6
8.
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.
9.
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. 7 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. 8 The development of the principles and guidelines is
5
6
7
8
See also the preamble to the Paris Agreement under the United Nations Framework Convention on
Climate Change.
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.
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.
See, specifically, the Protocol to Prevent, Suppress and Punish Trafficking 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),
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