A/HRC/34/31
Principle 7. Protect migrants from all forms of violence and exploitation, whether
inflicted by institutions or officials, or by private individuals, entities or groups. 20
Principle 8. Uphold the right of migrants to liberty and prohibition of arbitrary
detention through making targeted efforts to end immigration detention of migrants.
Never detain children on account of their migration status or that of their parents. 21
Principle 9. Ensure the widest protection of the family unity of migrants, facilitating
family reunification and preventing arbitrary or unlawful interference in the right of
migrants to the enjoyment of private and family life. 22
20
21
22
Protection of All Persons from Enforced Disappearance, art. 16; Protocol against the Smuggling of
Migrants by Land, Sea And Air, supplementing the United Nations Convention against Transnational
Organized Crime, art. 18 (5); Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, art. 8 (1) and (2); Convention relating to the Status of Refugees, arts.
32 and 33; Convention relating to the Status of Stateless Persons, art. 31 (1). 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. 4; Protocol No. 7 to the Convention for the Protection of Human
Rights and Fundamental Freedoms, art. 1; African Charter on Human and Peoples’ Rights, art. 12 (4)
and (5); Arab Charter on Human Rights, arts. 4 and 23.
See Universal Declaration of Human Rights, arts. 4 and 5; International Covenant on Civil and
Political Rights, arts. 7 and 9.1; Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, art. 2 (1); International Convention on the Elimination of All Forms of
Racial Discrimination, art. 5 (b); Convention on the Elimination of All Forms of Discrimination
against Women, art. 6; Convention on the Rights of the Child, art. 19 (1) and see also arts. 34, 35, 36
and 37 and the Optional Protocols on the sale of children, child prostitution and child pornography
and on the involvement of children in armed conflict; International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families, arts. 10, 11 (1), (2) and (3) and 16
(2); Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime, arts. 6 (3) and 16 (2); Protocol to
Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime, arts. 3 (a) and 9 (5); Protocol
of 2014 to the Forced Labour Convention (1930), art. 1 (1). Regional norms including the Convention
for the Protection of Human Rights and Fundamental Freedoms, arts. 3 and 4; American Convention
on Human Rights, arts. 5 (1) and (2) and 6 (1) and (2); African Charter on Human and Peoples’
Rights, art. 5; Arab Charter on Human Rights, arts. 4 and 13.
See Universal Declaration of Human Rights, arts. 3 and 9; International Covenant on Civil and
Political Rights, art. 9 (1); International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, art. 16 (1) and (4); International Convention for the
Protection of All Persons from Enforced Disappearance, arts. 1, 2.1, 17 and 23; Convention relating
to the Status of Refugees, art. 31; Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime, art. 5.
Regional norms, including the Convention for the Protection of Human Rights and Fundamental
Freedoms, art. 5; Council of Europe Convention on Action against Trafficking in Human Beings, art.
26; American Convention on Human Rights, art. 7 (1) and (2); African Charter on Human and
Peoples’ Rights, art. 6; Arab Charter on Human Rights, arts. 5 and 8.
See Universal Declaration of Human Rights, arts. 12 and 16; International Covenant on Civil and
Political Rights, art. 23 (1); International Covenant on Economic, Social and Cultural Rights, art. 10
(1); Convention on the Rights of the Child, arts. 2, 10, 16 and 22. The family is placed at the centre of
the International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, with the rights enshrined in the Convention guaranteed directly to migrant workers
and to their families, see in particular article 44; ILO, Migrant Workers (Supplementary Provisions)
Convention No. 143 (1975), art. 13.1. Regional norms, including the Convention for the Protection of
Human Rights and Fundamental Freedoms, art. 8; American Convention on Human Rights, art. 17;
9
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