A/HRC/56/54
V. Factors hindering migrants’ contributions to society
49.
Several factors impede migrants’ ability to contribute to society, undermining their
rights and dignity and leading to a significant loss of opportunity for host societies. The
Universal Declaration of Human Rights sets forth fundamental rights for all individuals. The
International Bill of Human Rights, comprising the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights, allows for differentiation between nationals and
non-nationals in respect of only two rights, namely, those relating to voting and participating
in public affairs and to freedom of movement within a country, with stringent reservations. 51
With those narrow exceptions, the entire international human rights framework, including
the eight conventions of the International Labour Organization (ILO) covering fundamental
principles and rights at work, applies to all migrants, regardless of status.
50.
However, in practice, the human rights of migrants, in particular migrants from certain
groups, are significantly undermined. While it is important to guarantee specific protections
for persons entitled to them under international instruments, such as refugees and
asylum-seekers, equal attention must be paid to migrants who do not qualify as refugees but
who face vulnerabilities due to situations in their countries of origin. They are often more
susceptible to human rights abuses and, even if ineligible for formal refugee status, may still
require the protections accorded by international human rights law.52
A.
Discrimination
51.
Migrants frequently encounter discrimination and xenophobia in both transit and
destination countries, curtailing their job prospects, access to services and social inclusion.
Migrants face compounded discrimination based on factors such as age, gender, ethnicity and
other personal attributes. Poverty heightens this risk, while specific groups, including
women, LGBTIQ+ persons, persons who are unwell, persons with disabilities, older persons
and children, are especially vulnerable. Xenophobia exacerbates these challenges.53 In Cabo
Verde, 58 per cent of migrants aged 15 or over believe that at least one form of discrimination
exists in Cabo Verde, with 32.1 per cent having experienced discrimination first-hand.54
B.
Irregular migrant status
52.
Migrants in irregular situations often find that their human rights are not recognized,
affecting their safety, dignity and ability to participate in and contribute to society. Measures
such as border controls, pushbacks, detentions and deportations compromise migrants’
human rights, leaving many people who have limited protection from their own or other
Governments to experience suffering at the scale and with the severity of a humanitarian
crisis.55
53.
Despite their contributions, migrants in irregular situations, in particular women, are
often denied social protections, increasing their risks of poverty and exploitation. 56 Their
status often leads to discrimination, substandard working conditions, such as low wages, long
hours and poor health and safety, and difficulties with regard to housing. 57 Migrants in
51
52
53
54
55
56
57
GE.24-07075
E/C.12/2017/1, paras. 3, 5, 6 and 8.
OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance,
on the Human Rights Protection of Migrants in Vulnerable Situations (2018), p. 6.
Ibid., p. 18.
Submission by Cabo Verde.
International Federation of the Red Cross and Red Crescent Societies, World Disasters Report 2018
(Geneva, 2018), p. 142.
See Jenna Holliday, Skilled to Care, Forced to Work? Recognizing the Skills Profiles of Migrant
Domestic Workers in ASEAN amid Forced Labour and Exploitation (Bangkok, ILO Regional Office
for Asia and the Pacific, 2023).
See Platform for International Cooperation on Undocumented Migrants, “A snapshot of social
protection measures for undocumented migrants by national and local governments” (2022).
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