A/HRC/34/31 Principle 3. Protect the lives and safety of migrants and ensure rescue and immediate assistance to all migrants facing risks to life or safety. 16 Principle 4. Ensure access to justice for migrants. 17 Principle 5. Ensure that all border governance measures protect human rights, including the right to freedom of movement and the right of all persons to leave any country, including their own, recognizing that States have legitimate interests in exercising immigration controls.18 Principle 6. Ensure that all returns are only carried out in full respect for the human rights of migrants and in accordance with international law, including upholding the principle of non-refoulement, the prohibition of arbitrary or collective expulsions and the right to seek asylum. 19 16 17 18 19 8 See Universal Declaration of Human Rights, art. 3; International Covenant on Civil and Political Rights, art. 6, noting that article 4 provides that no derogation is admitted for this principle even in times of public emergency; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 9; Convention on the Rights of Persons with Disabilities, art. 11; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, arts. 2 and 6 (3); Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, arts. 9 (1) (a) and 16 (3); Convention on the Law of the Sea, art. 98. Regional norms, including the Convention for the Protection of Human Rights and Fundamental Freedoms, art. 2; American Convention on Human Rights, art. 4; African Charter on Human and Peoples’ Rights, art. 4; Arab Charter on Human Rights, art. 5. See Universal Declaration of Human Rights, arts. 7 and 10; International Covenant on Civil and Political Rights, arts. 2 (3) (a) and (c) and 14; International Convention on the Elimination of All Forms of Racial Discrimination, arts. 5 (a) and 6; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 18; International Convention for the Protection of All Persons from Enforced Disappearance, art. 12; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, art. 6 (2), (3) and (6); Convention relating to the Status of Refugees, art. 16 (1); Convention relating to the Status of Stateless Persons, art. 39 (1.2). Regional norms, including the Convention for the Protection of Human Rights and Fundamental Freedoms, arts. 6 and 13; Council of Europe Convention on Action against Trafficking in Human Beings, art. 15 (2); American Convention on Human Rights, arts. 8 and 25; African Charter on Human and Peoples’ Rights, art. 7; Arab Charter on Human Rights, art. 9. See Universal Declaration of Human Rights, art. 13; International Covenant on Civil and Political Rights, art. 12 (1) and (2); International Convention on the Elimination of All Forms of Racial Discrimination, art. 5; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 8 (1) and 79; Convention on the Rights of Persons with Disabilities, art. 18; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, art. 11 (1); Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, art. 11 (1); Convention relating to the Status of Refugees, art. 26; Convention relating to the Status of Stateless Persons, art. 26. Regional norms, including Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the First Protocol thereto, art. 2; American Convention on Human Rights, art. 22; African Charter on Human and Peoples’ Rights, art. 12 (1), (2) and (3); Arab Charter on Human Rights, art. 4. See Universal Declaration of Human Rights, art. 14; International Covenant on Civil and Political Rights, art. 13; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 3 (1) and (2); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 22 (1) and (2); International Convention for the

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