The Human Rights of Migrants

A/HRC/RES/18/21No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2011.

What other versions does this mandate have?

3 versions · 2011–2021

This is an older version — the most recent is A/HRC/RES/47/12

2021A/HRC/RES/47/12The human rights of migrantsLatestCompare with previous version
2019A/HRC/RES/41/7The human rights of migrantsCompare with previous version
2011A/HRC/RES/18/21The human rights of migrants

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

4 topics

Human Rights International Migration Migrants Migration Policy

What does this mandate say?

15 operative paragraphs

Takes note of the report of the Special Rapporteur on the human rights of migrants;

Calls upon States that have not yet signed, ratified or acceded to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families to consider doing so as a matter of priority, and requests the Secretary-General to continue his efforts to promote and raise awareness of the Convention;

Stresses the obligation of States to protect the human rights of migrants, regardless of their legal status, and also to take into account the principles and standards set forth in relevant international instruments that protect labour-related human rights;

Expresses its concern at legislation and measures adopted by some States that may restrict the human rights and fundamental freedoms of migrants, and reaffirms that, when exercising their sovereign right to enact and implement migratory and border security measures, States have the duty to comply with their obligations under international law, including international human rights law, in order to ensure full respect for the human rights of migrants;

Calls upon all States to ensure that their immigration policies are consistent with their obligations under international human rights law;

Reaffirms the fact that all migrants are entitled to equal protection by the law, and that all persons, regardless of their migratory status, are equal before the courts and tribunals and, in the determination of his/her rights and obligations in a suit at law, are entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law;

Also reaffirms the rights set forth in the Universal Declaration of Human Rights and the obligations of States under the International Covenants on Human Rights and, in this regard, strongly condemns the manifestations and acts of racism, racial discrimination, xenophobia and related intolerance against migrants and the stereotypes often applied to them, including on the basis of religion or belief, and urges States to apply and, where needed, reinforce existing laws when xenophobic or intolerant acts, manifestations or expressions against migrants occur, in order to eradicate impunity for those who commit xenophobic and racist acts;

Requests all States to firmly protect the human rights of migrants relating to their conditions of work, regardless of their migratory status, in particular the right to equal pay for equal work;

Stresses that migrants have the right, without any discrimination, to just and favourable conditions of work and should have the appropriate means to pursue that right, including through the protection of the rights to peaceful assembly and to freedom of association;

Reaffirms that, once a migrant assumes an employment relationship, regardless of their immigration status, the State in which he or she is employed has the obligation to ensure the respect of their labour-related human rights, as contained in the international instruments to which the State is a party;

Welcomes programmes and policies implemented by some States of destination that promote the full respect of the labour-related human rights of migrants, regardless of their immigration status, as well as initiatives of States of origin to promote labour markets;

Urges all States to strengthen measures to protect the human rights of migrant workers in times of humanitarian crisis;

Encourages countries of origin, transit and destination to seek technical assistance and/or to collaborate with the Office of the United Nations High Commissioner for Human Rights to better promote and protect the human rights of migrants;

Requests the Special Rapporteur on the human rights of migrants to continue his efforts to promote and support the building of greater synergies between States to strengthen cooperation for the protection of the human rights of all migrant workers and their families;

Also requests the Special Rapporteur to continue to report on best practices of States to protect the human rights of all migrant workers.

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