A/HRC/45/30
other human rights violations. 5 The criminalization of irregular entry, stay and exit can
contribute to unlawful practices, such as racial profiling and arbitrary detention, and has the
potential of fuelling anti-migrant narratives.6 Many States struggle to create welcoming and
inclusive communities, as racial discrimination, stigma, xenophobia, hate speech and hate
crimes against migrants perpetuate exclusion and marginalization.7 The interlocking global
public health, economic and social, and human rights protection crises caused by COVID-19
have further exacerbated and highlighted existing inequalities and threats to migrants’ human
rights, including the exclusion of migrants from public health, economic relief and recovery
responses.8 At the same time, these crises have also highlighted the crucial role that migrants
play as providers of essential services and valued members of communities around the world,
and the importance of building more inclusive and sustainable solutions for migrants and
societies at large.
III. Issues in focus
A.
Advancing the protection of migrants in vulnerable situations
8.
In its resolution 74/148, the General Assembly expressed deep concern at the large
and growing number of migrants in vulnerable situations and called upon States to take
actions to avoid approaches that may aggravate their vulnerability and to more effectively
protect migrants, in line with their international human rights obligations, including by
coordinating international efforts to provide migrants with assistance and support. Such
actions include preventing, investigating and punishing crimes committed against migrants;
adopting and enforcing laws and policies to address smuggling and trafficking; preventing
the victimization of migrants and providing effective legal guarantees and protections;
ensuring that procedures at borders include adequate safeguards to protect human rights;
facilitating family reunification and other programmes to allow the integration of migrants
into host communities; adopting systems and procedures to ensure the best interests of the
child are a primary consideration; implementing gender-sensitive policies and programmes,
including by providing safe and regular migration channels recognizing the skills and
education of migrant women; and combating all forms of racism, xenophobia and related
intolerance against migrants while promoting a more humane and evidence-based public
discourse on migration.
9.
Migrants often face particular challenges requiring specific human rights protection
interventions, either because of the situations they have left behind, the circumstances they
face in transit or at destination, personal characteristics such as their age, gender identity,
disability or health status, or because of a combination of these circumstances or
characteristics.9 These challenges are particularly acute for migrants in irregular situations or
those with only precarious and irregular migration pathways available to them. Some of these
challenges include the accessibility of migration, conditions of precarity or exploitation
during transit or upon arrival, and multiple and intersecting forms of discrimination,
inequality and structural and societal dynamics that lead to diminished and unequal levels of
enjoyment of rights.10
10.
In the Global Compact for Migration, States committed themselves to reducing the
risks and vulnerabilities that migrants face at different stages of migration, including by
5
6
7
8
9
10
Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of
Migrants in Vulnerable Situations (A/HRC/37/34/Add.1).
A/HRC/38/41. See also A/HRC/39/45.
See www.un.org/sg/en/content/sg/statement/2019-06-18/secretary-generals-remarks-the-launch-ofthe-united-nations-strategy-and-plan-of-action-hate-speech-delivered; OHCHR, Seven Key Elements
on Building Human Rights-Based Narratives on Migrants and Migration (2019)
(www.ohchr.org/Documents/Issues/Migration/SevenKeyElements.pdf).
United Nations, “Policy brief: COVID-19 and people on the move”, 2020. See also United Nations,
“Policy brief: COVID-19 and human rights – we are all in this together”, 2020.
A/HRC/37/34/Add.1.
Ibid.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents