- “Human rights violations against migrants, including denial of access to fundamental economic and social rights such as the right to education or the right to health, are often closely linked to discriminatory laws and practice, and to deep-seated attitudes of prejudice and xenophobia against migrants. A human rights approach to migration places the migrant at the centre of migration policies and management, and pays particular attention to the situation of marginalised and disadvantaged groups of migrants” (OHCHR, “Migration and Human Rights”).
- Immigrants’ Rights Are Human Rights. According to Amnesty, “All immigrants, irrespective of their legal status, have human rights. While states have the right to regulate the entry and stay of non-nationals in their territory, they can only do so within the limits of their human rights obligations” (Amnesty USA).
- “International borders are not zones of exclusion or exception for human rights obligations. States are entitled to exercise jurisdiction at their international borders, but they must do so in light of their human rights obligations. This means that the human rights of all persons at international borders must be respected in the pursuit of border control, law enforcement and other State objectives, regardless of which authorities perform border governance measures and where such measures take place” (“OHCHR’s Recommended Principles and Guidelines on Human Rights at International Borders” 3).
a. “Migration and human rights intersect at a number of points, starting when the migrant crosses a frontier… While international human rights law recognizes the right to leave one’s country, there is no corresponding right to enter another country, even for a refugee, without that state’s permission. This means that where a state decides that a migrant entered the country illegally, this decision does not of itself, and if properly taken, conflict with human rights principles. But — more importantly — the fact that a migrant entered or remained illegally does not nullify the state’s duty under international law to protect his or her basic rights without discrimination, for example against torture, degrading treatment, or forced labor… Unskilled workers, who form the majority of migrants, are more vulnerable to rights violations, particularly when they work in the informal sector as domestic workers, for example. In the case of those who have been trafficked and exploited, or who are smuggled, this vulnerability is acute” (Grant 1).
b. “Human rights mechanisms, such as the Special Rapporteur on the Human Rights of Migrants and the Committee on Migrant Workers, have been clear in stating that although countries have a sovereign right to determine conditions of entry and stay in their territories, they also have an obligation to respect, protect and fulfil the human rights of all individuals under their jurisdiction, regardless of their nationality or origin and regardless of their immigration status” (OHCHR, “Special Rapporteur On The Human Rights Of Migrants” 1).
The main functions of the Special Rapporteur are:
c. (a) To examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, recognizing the particular vulnerability of women, children and those undocumented or in an irregular situation;
(b) To request and receive information from all relevant sources, including migrants themselves, on violations of the human rights of migrants and their families;
(c) To formulate appropriate recommendations to prevent and remedy violations of the human rights of migrants, wherever they may occur;
(d) To promote the effective application of relevant international norms and standards on the issue;
(e) To recommend actions and measures applicable at the national, regional and international levels to eliminate violations of the human rights of migrants;
(f) To take into account a gender perspective when requesting and analysing information, and to give special attention to the occurrence of multiple forms of discrimination and violence against migrant women;
(g) To give particular emphasis to recommendations on practical solutions with regard to the implementation of the rights relevant to the mandate, including by identifying best practices and concrete areas and means for international cooperation;
(h) To report regularly to the Human Rights Council, according to its annual programme of work, and to the General Assembly, at the request of the Council or the Assembly (OHCHR, “Special Rapporteur On The Human Rights Of Migrants” 1).
d. Bridget Anderson is a Senior Research Fellow at COMPAS at the University of Oxford. Her work primarily focuses on Migration and the Labour Market, with a particular interest in domestic workers and au pairs, trafficking, immigration enforcement, citizenship and the politics of immigration controls. In her Ted Talk, Anderson asks us “to suspend our disbelief to imagine a world without borders where we can cross borders without passports” (Anderson). She explains the changes in borders over the last few centuries and argues that borders create migrants, stresses the principle that if we share there will be enough to go around and enable us all to live fulfilled human lives (Anderson). This brings to light the right to move without reductions or discrimination based on legal status.
Anderson, Bridget. “TEDxEastEnd -Imagining A World Without Borders”. YouTube. Accessed: 25 Oct. 2014. Available at: https://www.youtube.com/watch?v=zht-6BrX1b4
e. Figure 1-4 are a series of cartoons created by the ILO/OHCHR. UN Human Rights Chief Navi Pillay and ILO Director-General Guy Ryder said in ajoint statement that, “The public debate is dominated by xenophobic attitudes and discrimination, both in and outside the workplace”. Thus, it is important to challenge myths and encourage a positive public perception of migration.
Office of the High Commissioner for Human Rights. International Migrants Day 2013. ILO/OHCHR Cartoon key messages. Accessed: 25 Oct. 2014. Available at: http://www.ohchr.org/EN/Issues/Migration/Pages/InternationalMigrantsDay2013.aspx
- Roque Planas. “16 Reasons Why Opening Our Borders Makes More Sense Than Militarizing Them”. Posted: 09/02/2014. Accessed on October 25, 2014. Available at: http://www.huffingtonpost.com/2014/09/02/open-borders_n_5737722.html
- Amnesty International. ‘My Sleep Is My Break’ Exploitation Of Migrant Domestic Workers In Qatar. REPORT. APRIL 23, 2014. Accessed on October 25, 2014. Available at: http://www.amnestyusa.org/research/reports/my-sleep-is-my-break-exploitation-of-migrant-domestic-workers-in-qatar
- De Guchteneire, Paul. Antoine Pécoud, Ryszard Cholewinski. Migration and Human Rights: The United Nations Convention On Migrant Workers’ Rights. UNESCO Publishing. Cambridge University Press. New York. 2009. Print.
- Office of the High Commissioner for Human Rights. “What are human rights?” Accessed on Oct 25, 2014. Available at: http://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx
Amnesty USA. “Immigrants’ Rights Are Human Rights”. Accessed: 26 Oct. 2014. Available at: <http://www.amnestyusa.org/our-work/issues/refugee-and-migrant-rights/immigrants-rights-are-human-rights>
Amnesty International. ‘My Sleep Is My Break’ Exploitation Of Migrant Domestic Workers In Qatar. REPORT. APRIL 23, 2014. Accessed: 25 Oct. 2014. Available at:<http://www.amnestyusa.org/research/reports/my-sleep-is-my-break-exploitation-of-migrant-domestic-workers-in-qatar>
Anderson, Bridget. “TEDxEastEnd -Imagining A World Without Borders”. YouTube. Accessed: 25 Oct. 2014. Available at: <https://www.youtube.com/watch?v=zht-6BrX1b4>
De Guchteneire, Paul. Antoine Pécoud, Ryszard Cholewinski. Migration and Human Rights: The United Nations Convention On Migrant Workers’ Rights. UNESCO Publishing. Cambridge University Press. New York. 2009. Print.
Grant, Stefanie. “Migrants’ Human Rights: From the Margins to the Mainstream”. Migration Policy Institute. March 1, 2005. Available at: <http://www.migrationpolicy.org/article/migrants-human-rights-margins-mainstream>
Office of the High Commissioner for Human Rights. “International Migrants Day 2013. ILO/OHCHR Cartoon key messages”. Accessed: 25 Oct. 2014. Available at: <http://www.ohchr.org/EN/Issues/Migration/Pages/InternationalMigrantsDay2013.aspx>
Office of the High Commissioner for Human Rights. “Migration and Human Rights”. Accessed on Oct 25, 2014. Available at: <http://www.ohchr.org/en/Issues/Migration/Pages/MigrationAndHumanRightsIndex.aspx>
Office of the High Commissioner for Human Rights. “Special Rapporteur On The Human Rights Of Migrants”. Accessed: 25 Oct. 2014. Available at: <http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/SRMigrantsIndex.aspx >
Office of the High Commissioner for Human Rights. “What are human rights?” Accessed on Oct 25, 2014. Available at: <http://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx>
OHCHR’s Recommended Principles and Guidelines on Human Rights at International Borders. Conference Room paper. 23 July 2014. 1-24. Available at: <http://www.ohchr.org/EN/Issues/Migration/Pages/InternationalBorders.aspx>
Roque Planas. “16 Reasons Why Opening Our Borders Makes More Sense Than Militarizing Them”. Posted: 09/02/2014. Accessed on October 25, 2014. <http://www.huffingtonpost.com/2014/09/02/open-borders_n_5737722.html >
Touzenis, Kristina, Cholewinski, Ryszard. “The Human Rights of Migrants: Editorial Introduction”. International Journal on Multicultural Societies. Vol. 11, No. 1, 2009, pp. 1 – 19
UNHCR: The Politics and Practice of Refugee Protection, Second Edition, Authors: Alexander Betts, Gil Loescher and James Milner, Routledge, November 2011.
Migrant worker;
Human Rights;
Refugees; displaced persons; migrants
Borders; inequality;
Social justice;