A/HRC/31/35 3. Lack of access to decent work 37. While in transit, many migrants are compelled to seek employment in order to survive and to be able to fund further travel. More often than not, migrants in those circumstances are only able to find work in the informal sector, which can be hazardous and exploitative. Migrants are often unable to have their labour rights protected, including because they are in an irregular situation. For example, migrant women in transit in Mexico were restricted to gendered and informal occupations such as domestic work, hospitality or entertainment, where legal protection of their labour rights was limited.42 In a study, it was found that, in Thailand, unaccompanied migrant children in transit tended to work in similar occupations with a high risk of labour exploitation. 43 38. The protection of all workers against exploitation and abuse is a core component of labour-related human rights.44 The Committee on the Rights of the Child has recommended that States consider establishing monitoring and reporting systems for identifying and remedying child rights violations taking place in work contexts, particularly in informal and/or seasonal situations.45 D. Arbitrary detention and inadequate conditions of detention 39. Detention of irregular migrants is increasing around the world, including in transit countries and at international borders. Far from being used as a last resort — as befits a measure with such a drastic effect on its subject —, administrative detention is often routine and, in some cases, mandatory. In many cases, procedural safeguards for administrative detention are fewer than for criminal detention, including a lack of measures to determine the arbitrariness of arrest and continued detention. Migrants in detention are often denied access to legal aid or interpretation services and, thus, may not understand why they are detained or how to challenge the legality of their detention. 40. The use of detention for migrants is of concern, owing to the lack of procedural safeguards and poor conditions such as denial of access to medical care, including mental health care, as well as to the lack of adequate conditions, including space, food, water and sanitation, in short-term custody. Migrants in detention often suffer violence, including sexual violence, and a deterioration in their physical and mental health.46 41. The enhanced use of detention and other forms of strict enforcement increases the likelihood that migrants in transit will seek to avoid the authorities entirely, which, inter alia, renders them more vulnerable to abuse and exploitation, and increases the likelihood 42 43 44 45 46 Carla Angulo-Pasel, “Complex migration: a woman’s transit journey through Mexico” (see footnote 14), p. 17. Daniela Reale, “Protecting and supporting children on the move: Translating principles into practice” (see footnote 15), p. 71. See OHCHR, The Economic, Social and Cultural Rights of Migrants in an Irregular Situation (see footnote 41), p. 116. 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. 90. The United Nations Support Mission in Libya in 2014, for example, found conditions of grave concern in detention centres for migrants, where detention is “widespread and prolonged”, including chronic overcrowding, poor sanitation and health care, and insufficient food. There were also consistent reports of physical or verbal mistreatment, labour exploitation, sexual abuse, extortion and confiscation of identity documents, and minors were being detained with adults. See A/HRC/28/51, paras. 32-33. 11