A/HRC/37/34 vulnerable situations, including in the course of large or mixed movements. States are the primary duty bearer under international law. 18. The principles are drawn directly from international human rights law and related standards, including international labour law, as well as from international refugee law, criminal law, humanitarian law and the law of the sea, and are enshrined in treaty law, customary international law and general principles of law. 17 19. The guidelines that follow each principle elaborate international best practice and are designed to assist States (and other stakeholders where relevant) to develop, strengthen, implement and monitor measures to protect and promote the human rights of migrants in vulnerable situations. They are derived from the instruments themselves, from authoritative interpretations or recommendations by international human rights treaty bodies and special procedure mandate holders of the Human Rights Council, as well as from other expert sources.18 20. It should be noted that the principles and the associated guidelines are interrelated and inform one another; the 20 principles should therefore be read together. 21. The principles and guidelines are supplemented by an inventory of “practical guidance”. The latter document is regularly updated with examples of good and promising practice on the human rights protection of migrants in vulnerable situations. 19 V. Glossary of key terms 17 18 19 20 21 Key term Definition Asylum seeker An asylum seeker is any person who is seeking protection as a refugee but whose claim has not been finally determined. Border authorities Border guards, consular and immigration officials, border police, staff at border detention facilities, immigration and airport liaison officers, coast guard officials and other frontline officers and staff performing border governance roles. 20 Border governance Legislation, policies, plans, strategies, action plans and activities related to the entry of persons into, and the exit of persons from, the territory of a State. It covers detection, rescue, interception, screening, interviewing, identification, reception, detention, removal, expulsion, non-admittance and return, as well as related activities such as training, technical, financial and other assistance, including that provided to other States.21 Discrimination Any distinction, exclusion, restriction or preference based on race, colour, descent, ethnic origin, sex, age, gender, sexual Selected extracts of international human rights law and related standards are listed in the annex. The guidance of international human rights treaty bodies and special procedure mandate holders has authority on several grounds. First of all, it is legally binding, to the extent that it is based on binding international human rights law. In addition, the treaty bodies were formally mandated and created under the provisions of the treaty they monitor; while the mandates of special rapporteurs are created and defined by States through the Human Rights Council. Both groups of experts benefit from their close collaboration with States in the system. Finally, the recommendations of treaty bodies and special procedure mandate holders acquire authority when international and regional judicial institutions reference them. See www.ohchr.org/EN/Issues/Migration/Pages/VulnerableSituations.aspx. It should be noted that OHCHR and the Global Migration Group have not independently verified the information contained in the inventory of good and promising practices, which is presented without claiming to be complete or geographically representative. OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders, chap. I, para. 10 (d). Ibid., para. 10 (e). 7

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