CRPD, Convention on the Rights of Persons with Disabilities

ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime

CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

CRC, Convention on the Rights of the Child

CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

CEDAW, Convention on the Elimination of All Forms of Discrimination against Women

ICCPR, International Covenant on Civil and Political Rights

ICESCR, International Covenant on Economic, Social and Cultural Rights

ICERD, International Convention on the Elimination of All Forms of Racial Discrimination

VCCR, Vienna Convention on Consular Relations

ICCPR Article 14 1977

ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1999

1/8

1/8

Committee on the Elimination of Discrimination Against Women § 50. In line with its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the State party: (a) Seek technical assistance from the relevant United Nations agencies for the development of gender-sensitive national legislation and policies on refugees and a gender-sensitive procedure for determining refugee status; (b) Ratify the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto; (c) Ensure an adequate standard of living, including adequate access to education, employment, health care, sanitation, food, clothing and housing for women asylum seekers, establish gender-sensitive screening mechanisms for the early identification of women and girls who are victims of trafficking among asylum seekers and their referral to the appropriate services, and provide for appropriate monitoring and complaint mechanisms at reception and housing facilities; (d) Allocate adequate human, technical and financial resources to strengthen support services for asylum-seeking women and girls; (e) Address intersecting forms of discrimination against asylum-seeking women and girls through awareness-raising campaigns and by effectively investigating and responding to complaints about such discrimination. 2019

Committee on Migrant Workers 8. [...] The Committee also expresses concern about regulations that allow the detention of migrants, fines for migrants in irregular situations and unclear procedures for expulsion or for submitting cases to court. 30. The Committee notes the steps taken by the State party to assist migrants seeking international protection and the challenges faced by the State party in responding to the increasing number of migrants from the Bolivarian Republic of Venezuela entering the State party. The Committee expresses concern about reports of abuse of authority and detention of Venezuelan migrants at border control points, including by military forces, and incidents with gangs in the border areas. 31. The Committee recommends that, in line with the Recommended Principles and Guidelines on Human Rights at International Borders published by the Office of the United Nations High Commissioner for Human Rights, the State party: (a) Respect its human rights obligations at all border crossings, including the right to due process, for all migrants regardless of their status; (b) Ensure that border governance measures address and combat all forms of discrimination by State and private actors at international borders, and are in accordance with the principle of non-refoulement and the prohibition of arbitrary and collective expulsion; (c) Ensure that migrants who have suffered human rights violations or abuses as a result of border governance measures have equal and effective access to justice and remedies, and that violators are prosecuted and appropriately punished; (d) Allocate sufficient budgetary resources to strengthen border governance, ensuring that facilities are equipped to provide human rights-based and proportionate responses to migrants arriving at international borders, and that border authorities are trained in international human rights law relevant to their work, including with regard to gender equality; [...] 34. The Committee regrets that, under section 9 of the Aliens (Immigration and Registration) Act and section 34 of the Immigration Act, the detention of irregular migrants is not an exceptional measure of last resort. It expresses concern at reports that migrants may be detained in the same facilities as individuals who have been charged and detained under criminal law. 35. The Committee recommends that the State party ensure that its national laws, policies and practices adequately respect the right to liberty and the prohibition of arbitrary detention of migrant workers and members of their families. In particular, it recommends that the State party: (a) Ensure that administrative detention is used only as a measure of last resort and that non-custodial, community-based alternatives are provided, in line with the Committee’s general comment No. 2; (b) Ensure that children are not detained on the basis of their parents’ status, and adopt alternatives to detention that allow children to remain with family members and/or guardians; (c) Decriminalize irregular migration and ensure that migrant workers and members of their families have access to legal aid, effective remedies, justice and consular services, and that the guarantees enshrined in the Convention are upheld, in full compliance with articles 16 and 17 of the Convention; (d) Provide information, in its next periodic report, on the number of migrant workers arrested, detained and expelled for immigration-related infractions, the reason for their detention and expulsion and their detention conditions, including the length of detention. 2018

Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance 2003

No 2010

No 2015

Yes 2020

CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1996