A/HRC/35/25
3.2
Implement a human rights-based approach to migration and border management,
ensuring that the rights of all migrants are always the first consideration
3.3.
Respect and protect the human rights of all migrants at borders, both at entry and
return, with special attention paid to vulnerable groups, such as unaccompanied
children, families with children, pregnant women, persons with disabilities, asylum
seekers, refugees, potential victims of trafficking and elderly migrants
3.4
Conduct full individual assessments for all migrants in order to effectively identify
their vulnerabilities and the legal frameworks under which their needs will be met
and their rights protected
3.5.
Decriminalize undocumented entry and stay
3.6.
Review national and regional border policies to ensure that the human rights of all
migrants at international borders are upheld
3.7.
Develop and implement gender- and age-sensitive guidelines to protect migrants in
precarious situations
3.8.
Adopt approaches that reduce the precariousness of migrants, in particular by
avoiding the securitization of migration policies and the externalization of border
control
3.9.
Returns should be carried out in full respect of international human rights law, in
conditions of safety and dignity and with due procedural guarantees
3.10. Systematically implement post-return human rights monitoring and ensure that such
monitoring is part of every readmission agreement
Indicators
(a)
Increased number and proportion of migrants protected as a result of search
and rescue operations;
(b)
Considerably reduced number of undocumented migrants who are killed,
injured or become victims of crime or violence while seeking to cross maritime, land and
air borders;
(c)
Pushback operations and collective expulsions are stopped;
(d)
Regular revision of bilateral and regional readmission agreements to ensure
their compliance with international human rights standards, thus protecting the needs and
rights of migrants;
(e)
Policies and practices aimed at detecting vulnerabilities and assessments of
the protection needs of migrants arriving at international borders are implemented and
followed up with appropriate protection measures;
(f)
Laws, policies and practices that criminalize undocumented migration are
abolished and replaced by legislation and regulations that qualify undocumented entry as an
administrative rather than a criminal offence;
(g)
International cooperation is reduced on immigration policies of
externalization according to which migrants are prevented from moving on and obliged to
remain in countries of transit in which their rights are not respected, and all international
cooperation on immigration policies includes the strengthening of the national human rights
systems and institutions of countries of origin and transit;
(h)
Returns are decided after following a strict procedure in which the migrant is
duly represented, has access to appropriate legal assistance and interpretation services and
has an effective opportunity to explain why a return would not be in respect of his or her
rights;
(i)
Reintegration programmes are provided for migrants who are returned to
their countries of origin;
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