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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