A/59/377 42. The Special Rapporteur also endorses the view expressed in chapter VIII of the Advisory Opinion, which deals with the rights of undocumented migrant workers and states that: “… the migratory status of a person can never be a justification for depriving him of the enjoyment and exercise of his human rights, including those related to employment. On assuming an employment relationship, the migrant acquires rights as a worker, which must be recognized and guaranteed, irrespective of his regular or irregular status in the State of employment. These rights are a consequence of the employment relationship” (para. 134). 43. According to the Court, respect for labour rights applies to both the public and the private spheres (paras. 136-140). The State is “responsible for itself, when it acts as an employer, and for the acts of third parties who act with its tolerance, acquiescence or negligence, or with the support of some State policy or directive that encourages the creation or maintenance of situations of discrimination” (para. 152); therefore, “employment relationships between migrant workers and third party employers may give rise to the international responsibility of the State in different ways” (para. 153). 44. The Special Rapporteur considers that impunity for abuses and violations of the human rights of migrants will only be breached when States are held internationally responsible and those responsible are punished. She therefore urges the General Assembly to continue its work on the codification of the draft articles on responsibility of States for internationally wrongful acts (resolution 56/83 of 12 December 2001) submitted by the International Law Commission, and urges the Commission on Human Rights to do likewise with regard to the “Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law” (E/CN.4/2000/62, annex). 45. The Special Rapporteur endorses some of the guidelines adopted by the international community in the Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001 (A/CONF.189/12, chap. I). The Programme of Action requests States “to promote and protect fully and effectively the human rights and fundamental freedoms of all migrants, in conformity with the Universal Declaration of Human Rights and their obligations under international human rights instruments, regardless of the migrants’ immigration status” (para. 26) and urges them “to review and revise, where necessary, their immigration laws, policies and practices so that they are free of racial discrimination and compatible with States’ obligations under international human rights instruments” (para. 30 (b)). 46. One of the legal consequences of the internationalization of human rights has been that the treatment afforded by a State to persons under its jurisdiction is now governed by international law, which also recognizes that people have individual rights. The gap between recognition of the rights of migrants under international human rights law and the reality on the ground is, therefore, one of the greatest challenges posed by international migration. 14