A/HRC/31/80
3.
European Union: assisting the Special Rapporteur on the rights of migrants to study
the management of the external borders of the European Union
66.
In 2012 and 2013, OHCHR assisted the Special Rapporteur on the human rights of
migrants to study the management of the external borders of the European Union and its
human rights impact on migrants. His research included visits to Brussels for consultations
with European Union officials, and to Greece, Italy, Tunisia and Turkey (see
A/HRC/23/46).
IV. Conclusions and recommendations
67.
The examples presented in the present report highlight a number of
experiences where the provision of technical cooperation and advisory services has
proved helpful in supporting States’ efforts when applying a rights-based approach to
the development and implementation of migration policies and programmes.
68.
Experience has shown that protecting human rights in the context of migration
requires a multifaceted approach, involving a large number of national, regional and
international actors. Cooperation is a key component of successful and efficient
interventions. The participation of all State and non-State stakeholders in the design,
implementation, monitoring of progress, and evaluation of policies and programmes is
fundamental to all rights-based interventions. In the area of migration, it is
particularly crucial because the elements of migration policies are so diverse and
involve a wide range of State and non-State actors. The support provided through
technical cooperation and advisory services by OHCHR and other United Nations
entities is based on the need to guarantee the human rights of all migrants, regardless
of their status, and to ensure the fulfilment by States of their international legal
obligations. The commitments in the 2030 Agenda for Sustainable Development to
“leave no one behind” and to cooperate internationally to ensure safe, orderly and
regular migration that fully respects human rights regardless of migration status
require an approach to migration that is based fully on human rights.
69.
In recent years, the Human Rights Council has increasingly called for a human
rights-based approach to migration, expressing its wish that OHCHR should continue
to play a lead role. In this respect, the Council could consider holding regular
discussions on the human rights of migrants by, for example, organizing an annual
panel discussion thereon.
70.
The examples given in the present report of technical assistance to support
States’ efforts illustrate many of the steps that must be taken to realize a human
rights-based approach to migration.
71.
It is important, first of all, to ensure that national laws on migration comply
with international standards, and to establish a national strategy for protecting the
rights of migrants, including plans to respect, protect and fulfil their rights to health,
adequate housing, education and decent work.
72.
In all forms of migration, it is essential to disaggregate needs and to identify the
special needs and risks of specific groups, including women, children (including
unaccompanied children), domestic workers, persons with disabilities and older
persons. This task requires the development of accurate and well-designed
arrangements for data collection and analysis, and a variety of indicators and
benchmarks that allow States and other actors to measure the extent to which policies
and their implementation actually protect and meet the needs of both migrants and
host societies.
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