A/HRC/34/31
special procedure mandate holders of the Human Rights Council, as well as other expert
sources where relevant. 12 It should be noted that the principles and their associated
guidelines are interrelated and inform each other; as such the principles and guidelines
should be read holistically.
III. The Principles13
18.
The proposed text of the draft principles is as follows:
Principle 1. Ensure that human rights are at the centre of addressing migration,
including responses to large and/or mixed movements of migrants. 14
Principle 2. Counter discrimination against migrants in all its forms. 15
12
13
14
15
The guidance of the international human rights treaty bodies and the special procedure mandate
holders of the Human Rights Council is legally binding to the extent that their work is based on
binding international human rights law and enjoys the collaboration of States in the system; and also
by the authority given on the one hand to the treaty bodies by their creation in accordance with the
provisions of the treaty that they monitor, and on the other the authority provided to the special
procedure mandate holders by the Human Rights Council. The recommendations of the treaty bodies
and special procedure mandate holders are also considered authoritative by prominent international
and regional judicial institutions.
The sources of international and regional law listed in the footnotes to each principle are further
supplemented by various general comments of the human rights treaty bodies, United Nations
resolutions and international and regional case law, which are not listed here for reasons of space.
See Universal Declaration of Human Rights, arts. 1 and 2; Charter of the United Nations, Arts. 1 (3)
and 55 (c); International Covenant on Civil and Political Rights, art. 2 (1); International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 7;
Convention on the Rights of Persons with Disabilities, art. 4; Protocol against the Smuggling of
Migrants by Land, Sea And Air, supplementing the United Nations Convention against Transnational
Organized Crime, arts. 2, 4, 14 and 16; Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, art. 2 (b). Regional norms, including the Convention for the
Protection of Human Rights and Fundamental Freedoms, art. 1; the American Convention on Human
Rights, art. 1; the African Charter on Human and Peoples’ Rights, art. 2; and the Arab Charter on
Human Rights, art. 3.
See Universal Declaration of Human Rights, arts. 2 and 7. The core human rights treaties enshrine a
provision on the principle of non-discrimination, which guarantees that every right that the covenant
or convention provides for shall apply to every person without any discrimination of any kind based,
for example, on race, colour, sex, language, religion, political opinion, national and social origin, birth
and other status. See International Covenant on Civil and Political Rights, art. 2; International
Covenant on Economic, Social and Cultural Rights, art. 2 (2); International Convention on the
Elimination of All Forms of Racial Discrimination, art. 2; Convention on the Elimination of All
Forms of Discrimination against Women, arts. 1 and 2; Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, art. 1; Convention on the Rights of the Child, art. 2;
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, art. 1 (1); Convention on the Rights of Persons with Disabilities, arts. 3 (b) and 5;
International Convention for the Protection of All Persons from Enforced Disappearance, art. 2. See
also International Convention on the Elimination of All Forms of Racial Discrimination, arts. 4, 5 and
7; International Covenant on Civil and Political Rights, arts. 20 (2) and 26; and International
Covenant on Economic, Social and Cultural Rights, art. 2 (2). Regional norms, including the
Convention for the Protection of Human Rights and Fundamental Freedoms, art. 14 and its Protocol
No. 12, preamble; American Convention on Human Rights, art. 1; African Charter on Human and
Peoples’ Rights art. 25; Arab Charter on Human Rights, art. 2.
7
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