A/HRC/35/25 4.3. Expeditiously and completely end the immigration detention of children and their families, and protect the rights, dignity, welfare and best interests of migrant children in all cases 4.4. Ensure timely and effective access to justice for all migrants in detention, regardless of their status and circumstances, including access to competent lawyers, competent interpreters and translators, legal aid and judicial assistance programmes, nongovernmental organizations, consular authorities and asylum procedures, and the effective and independent external monitoring of all migrant detention facilities 4.5. Promote, develop and make use of viable, rights-based alternatives to detention Indicators (a) Judicial appeals of all detention orders are automatically implemented; (b) Mandatory detention of migrants is abolished; (c) The number of migrants in immigration detention is considerably reduced; (d) Alternatives to detention are created and expanded; (e) The proportion of migrants who are released into non-custodial alternatives to detention is considerably increased; (f) All forms of detention of migrant children and their families on the basis of their immigration status or that of their parents are abolished; (g) Increased number of countries having ratified the Optional Protocol to the Convention against Torture and adopted national preventive mechanisms mandated to visit all places of deprivation of liberty within their jurisdiction, including places where migrants are detained. Goal 5. Provide effective access to justice for all migrants Rationale 63. Migrants face discrimination and exploitation in the workplace and sometimes experience forced labour. They often find themselves in debt bondage as a result of exorbitant recruitment fees. Nevertheless, migrants most often do not seek redress for the violations of human rights and labour standards that they suffer, owing to their limited command of the local language, their lack of knowledge of the laws and systems, cultural barriers and the fear of detection, detention and deportation. This holds especially true for the most precarious migrants, including undocumented migrants, temporary migrant workers in sponsorship programmes and live-in migrant domestic workers, most often women. 64. Immigration legislation and regulations often restrict considerably the access of migrants to effective recourse and remedies, thus limiting their access to justice. Perpetrators of abuse, exploitation, violations of rights and violence against migrants too often benefit from practical immunity. Effective and accessible justice systems can be tools to overcome exclusion, discrimination and marginalization, through the development of progressive case law on economic and social rights, the enforcement of the human and labour rights of migrants and the systematic enforcement of laws prohibiting their exploitation by private or public actors. 65. Facilitating effective access to justice would go a long way towards, on the one hand, legitimizing new migration policies by showing that territorial sovereignty and human rights are not incompatible and, on the other, changing perceptions regarding migration by combating stereotypes. When migrants actually go to court and the court proclaims that migrants have rights, citizens and Governments do listen. Conversely, States must ensure that labour inspections target exploitative employers rather than exploited migrant workers. The key to ending the practical immunity of all those who abuse and exploit migrants in a precarious situation is to ensure effective access to justice for migrants. Tools need to be made available to overcome systemic barriers to the right to an 17

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