A/HRC/37/34 they are in a position to be aware of, to investigate and punish such abuses, and provide effective remedies and reparation. III. Concept of “migrants in vulnerable situations” 12. The vulnerable situations that migrants face can arise from a range of factors that may intersect or coexist simultaneously, influencing and exacerbating each other and also evolving or changing over time as circumstances change. The concept of vulnerability is a foundational element of the human rights framework. Together with the requirement to uphold human dignity, the need to recognize and address vulnerability underpins the legal obligation of States to respect, protect and fulfil human rights. 12 “Migrants in vulnerable situations” are thus persons who are unable effectively to enjoy their human rights, are at increased risk of violations and abuse and who, accordingly, are entitled to call on a duty bearer’s heightened duty of care. 13. Factors that generate vulnerability may cause a migrant to leave their country of origin in the first place, may occur during transit or at destination, regardless of whether the original movement was freely chosen, or may be related to a migrant’s identity or circumstances. 13 Vulnerability in this context should therefore be understood as both situational and personal.14 In either case, however, migrants are not inherently vulnerable, nor do they lack resilience and agency. Rather, vulnerability to human rights violations is the result of multiple and intersecting forms of discrimination, inequality and structural and societal dynamics that lead to diminished and unequal levels of power and enjoyment of rights. As a matter of principle, and in order to ensure that every migrant is able to access appropriate protection of their rights, the situation of each person must be assessed individually. A. Vulnerable situations associated with the reasons for leaving the country of origin 14. Among the many drivers of human movement are those that force people to move because they are unable to access their rights. In some circumstances, the resulting movement will not give rise to protection under international refugee law, but nonetheless will mean that the person is in need of the protection provided by international human rights law. Some migrants who move in these circumstances will be unable or unwilling to return to their country of origin. 15 Such drivers could include extreme poverty, natural 12 13 14 15 The preamble to the Universal Declaration of Human Rights recognizes in its first two paragraphs the primary concept of dignity as well as that of vulnerability, noting that the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, but also that disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind. The international human rights mechanisms have similarly highlighted that the aim of international human rights instruments is the protection of those most vulnerable to violations and abuse of their human rights. See, inter alia, Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations, para. 12; and Committee on the Elimination of Discrimination against Women, general recommendation No. 26 (2008) on women migrant workers, para. 22. The Human Rights Council, in its resolution 35/17, expressed serious concern about the particular, vulnerable situations and risks faced by migrants, which can arise from the reasons for leaving their country of origin, circumstances encountered by migrants en route, at borders and at destination, specific aspects of a person’s identity or circumstance or a combination of those factors. A human rights-based approach to migrants in vulnerable situations recognizes that both situational and personal vulnerability are created by external factors, by means of law, policy and practice. Therefore, such an approach seeks above all to empower migrants and does not stigmatize or deny them agency. See, for example, A/HRC/33/67, paras. 9–12; and A/71/285, paras. 59–61. Individuals who are outside their country of origin but who do not qualify as refugees under international or regional law may, in order to access their human rights, require protection from return on a temporary or longer-term basis, such as in the context of cross-border displacement related to disasters, climate change or other environmental factors. In some circumstances, temporary protection 5