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). 9

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