A/HRC/31/80
frontier controls, borders can become sites of violence, discrimination and abuse. Increased
border surveillance and securitization, together with a drastic reduction of accessible
avenues for regular migration, have caused migrants to seek more perilous routes. Many
rely on the services of brokers, agents, smugglers and other private actors, and some fall
into the hands of abusive smugglers and traffickers. Smuggling does not in itself constitute
a human rights violation, although in the course of smuggling the human rights of migrants
can be abused (see A/HRC/31/35); trafficking, by contrast, is always a human rights
violation. In a distinct but complementary dimension of its work, OHCHR has made
progress in advancing on the human rights-based approach to combat and prevent
trafficking, which makes use of technical support and capacity-building and supports the
Special Rapporteur on trafficking in persons, especially women and children.
11.
In countries of destination, regular and irregular migrants may find themselves
subject to systematic discrimination and without access to their fundamental rights to
health, housing and decent work. Exclusionary and xenophobic political rhetoric has spread
around the world, fuelling intolerance and resentment of migrants, often leading to acts of
violence, hate crimes and hate speech. Hidden away in private households, migrant
domestic workers are frequently subject to intolerable living and working conditions.
12.
Women and children, and other vulnerable groups (such as persons with disabilities
and older persons) are at particular risk of violence and discrimination in the course of
migration. In its general recommendation No. 26 (2008) on women migrant workers, the
Committee on the Elimination of Discrimination against Women highlighted the fact that
undocumented women migrant workers were particularly vulnerable to exploitation and
abuse because of their irregular immigration status, which exacerbated their exclusion and
the risk of exploitation. They could be exploited as forced labour, and their access to
minimum labour rights could be limited by fear of denouncement. They could also face
harassment by the police. If apprehended, they were usually prosecuted for violations of
immigration laws and placed in detention centres, where they were vulnerable to sexual
abuse, and then deported.
13.
Migrant children and adolescents, particularly those in an irregular situation, are also
exposed to human rights violations and abuses at various points of their journey. The risks
to unaccompanied and separated migrant children are of particular concern to OHCHR,
other United Nations entities, and regional organizations. During recent migration and
asylum flows to Europe and the United States of America, their number has increased
dramatically. Under the Convention on the Rights of the Child and other international
standards, States have a duty to immediately identify and protect such children, acting in
their best interests. However, migration policies and practices frequently allow immigration
enforcement to override child protection imperatives, putting such children at additional
risk of exploitation and human rights abuse. In many countries, furthermore, age
determination procedures do not fully respect international standards. OHCHR and other
United Nations agencies, including the Office of the United Nations High Commissioner
for Refugees (UNHCR) and the United Nations Children’s Fund (UNICEF), have worked
together to assist States to develop adequate safeguards, policies and programmes that
comply with international standards.
14.
In the past five years, OHCHR has strengthened its work on migration, including to
provide better support to States and regional organizations as they address these and other
challenges on the ground. Technical cooperation, an integral element of all OHCHR
programmes, is one of the vehicles used by the Office to provide this support. Including
both technical assistance and capacity-building, it aims to identify and address knowledge
and capacity gaps, to facilitate constructive dialogue and to help national counterparts to
achieve positive change. OHCHR undertakes technical cooperation activities at the request
and with the agreement of States. They include a comprehensive assessment of the human
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