A/HRC/31/35
50.
Migrants are often subjected to violence by security forces, including indiscriminate
raids on communities of migrants in an irregular situation, and violence by border
authorities against migrants attempting to cross international borders irregularly.61
51.
The prohibition of torture is a principle of customary international law and obliges
States to take effective legislative, administrative, judicial or other measures to prevent acts
of torture in any territory under their jurisdiction (see Convention against Torture, art. 2).
52.
States should provide effective police and other criminal justice protection for all
persons who are subject to physical or sexual violence, whether inflicted by officials or by
private individuals, groups or institutions. At borders, victims of violence and trauma
should be referred to medical and psychosocial services. 62 The Committee on the Rights of
the Child has called upon States to ensure and implement adequate and accessible measures
for addressing trauma experienced by children during migration.63
53.
Girls and women are especially at risk of all kinds of violence, including sexual
violence, while in transit. Research indicates that a reality of transit migration for women is
the likely inevitability of encountering sexual abuse, not only by criminal gang members
and male migrants, but also by border authorities, police officers and other officials. 64
Recent reports have highlighted a surge of violence against women and children in the
transit of migrants through the Balkans and Central Europe. 65
54.
The Committee on the Elimination of Discrimination against Women has noted that
women are vulnerable to sexual and physical abuse by agents and escorts when travelling in
countries of transit and asked States to take active measures to prevent, prosecute and
punish all migration-related human rights violations that occur under their jurisdiction,
whether perpetrated by public authorities or private actors (see general recommendation
No. 26, paras. 12 and 25 (b)).
Abusive smuggling, extortion and trafficking
55.
As noted previously in this study, migrants in transit are often compelled to rely on
the services of “facilitators” for assistance with travel, housing, employment and other
matters,66 which leaves them disproportionately vulnerable to violence, abuse and
exploitation.
61
62
63
64
65
66
14
On 17 September 2015, the High Commissioner for Human Rights expressed his shock at the
disproportionate force used against migrants, including women and young children, who were
assaulted with tear gas and water cannons by Hungarian security forces at its border with Serbia. See
OHCHR, “Hungary violating international law in response to migration crisis” press release.
Available at: http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?News
ID=16449&LangID=E.
See International Convention on the Rights of All Migrant Workers and Members of Their Families,
art. 16 (2); International Convention on the Elimination of All Forms of Racial Discrimination, art. 5
(b); as well as OHCHR, Recommended Principles and Guidelines on Human Rights at International
Borders, guideline 7.8.
See the Committee’s report of the 2012 day of general discussion on the rights of all children in the
context of international migration, para. 89.
See Carla Angulo-Pasel, “Complex migration: A woman’s transit journey through Mexico”, p. 14.
See UNHCR, “UNHCR concerned at reports of sexual violence against refugee women and
children”, News stories, 23 October 2015. Available from www.unhcr.org/562a3bb16.html.
Although some smuggling networks are organized criminal structures, many are loosely linked chains
of individuals who provide a range of services across countries of origin, transit and destination. See
Nourhan Abdel Aziz, Paola Monzini, Ferruccio Pastore, The Changing Dynamics of Cross-border
Human Smuggling and Trafficking in the Mediterranean (see footnote 12), p. 25.
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