A/HRC/43/43
services and facilities, with no security of tenure, facing discrimination, poverty and
economic marginalization.59
55.
Around the world, camps for refugees and internally displaced persons are often
overcrowded and provide inadequate shelter and services. Sometimes they provide no basic
services at all. Often, they act as an inappropriate substitute for long-term housing.
56.
Migrant workers are often housed by employers in substandard conditions, for
example in transport containers or makeshift accommodation devoid of basic facilities. 60
Domestic workers residing in households have been forced to sleep in kitchens or on
bathroom floors, deprived of privacy and vulnerable to abuse and violence.
57.
Such conditions are made worse by anti-migrant rhetoric that is increasingly
translated into laws and policies. Access to homeless shelters is sometimes restricted to
nationals or to documented migrants; in some jurisdictions, it is a criminal offence to rent
accommodation to undocumented migrants.
58.
Implementation measures:
(a)
States must ensure the equal enjoyment of the right to housing without
discrimination for all internally displaced persons and all migrants, regardless of
documentation, in conformity with international human rights and humanitarian law. 61
States must ensure coordination between migration, internal displacement and housing
programmes to ensure the right to adequate housing in all contexts. Reception and other
centres for migrants must meet standards of dignity, adequacy and protection of the family
and other requirements of international human rights law and international humanitarian
law. 62 Migrant children should never be separated from their parents or guardians, and
families that have been separated by displacement should be reunited as quickly as
possible;63
(b)
Any differential treatment in qualifying for different types of housing based
on immigration status must be reasonable and proportional, and not compromise the
protection of the right to housing for all people within the State’s territory or jurisdiction. 64
There should be no discrimination on the basis of immigration status in access to
emergency shelters and States should ensure that housing providers are neither permitted
nor required to convey information to authorities that would discourage undocumented
migrants from seeking shelter for themselves and their families. Housing providers, civil
society organizations and individuals should not be penalized for assisting migrants to
secure shelter or housing.65 Access to longer-term housing must be provided, where needed,
as soon as possible;
(c)
Effective protective mechanisms must be in place for migrants to secure
effective remedies for violations of the right to housing and non-discrimination. Specific
protective measures and remedies are required for migrant workers living in housing
59
60
61
62
63
64
65
14
E/C.12/2017/1, A/HRC/14/30, paras. 14 ff., and OHCHR, The Economic, Social and Cultural Rights
of Migrants in an Irregular Situation.
See, e.g., A/HRC/14/30, para. 49, and A/HRC/40/61/Add.1, para. 81.
See the Committee on Economic, Social and Cultural Rights’ general comment No. 20, the
Committee on the Elimination of Racial Discrimination’s general recommendation No. 30 (2004) on
discrimination against non-citizens, para. 32, and the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families, art. 43 (1) (d). See also the Global
Compact for Safe, Orderly and Regular Migration, objective 15, and the global compact on refugees
(A/73/12 (Part II), paras. 78–79).
See, e.g., OHCHR and the Global Migration Group, Principles and Guidelines, Supported by
Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations (Geneva),
principle 11.
See the Guiding Principles on Internal Displacement, principle 17 ff.
Committee on the Elimination of Racial Discrimination, general recommendation No. 30, para. 32.
Principles and Guidelines on the Human Rights Protection of Migrants in Vulnerable Situations,
principle 13, para. 4.
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