A/HRC/23/56/Add.2
Economic, Social and Cultural Rights and article 5 of the International Convention on
the Elimination of All Forms of Racial Discrimination. He recommends the review of
the health reforms adopted in the context of the current economic crisis to ensure that
access to health-care services is provided to migrants regardless of their migration
status. He recalls General Recommendation No. 30 on Discrimination Against Non
Citizens (2004) of the Committee on the Elimination of Racial Discrimination, which
calls upon States parties to respect the right of non-citizens to an adequate standard of
physical and mental health by, inter alia, refraining from denying or limiting their
access to preventive, curative and palliative health services; and to review and revise
legislation, as appropriate, in order to guarantee that such legislation is in full
compliance with the Convention.
73.
The Special Rapporteur urges the Government to draw up regulations for the
migrant holding centres (CIEs), in order to harmonize the way in which they operate
and thus ensure that persons detained in such centres have access to procedural
safeguards in order to challenge their detention, and ensure adequate living
conditions, access to medical care and services, access to information including on the
right to seek asylum, legal aid, social services and the right to communicate with the
outside world, and in particular lawyers, consular authorities and family members.
He recommends that a system for regular access to these centres by human rights
NGOs be established. He also urges the Government to separate undocumented
migrants in the CIEs from those undocumented migrants who have committed
criminal offences.
74.
The Special Rapporteur recommends that any injuries suffered by migrants in
CIEs be documented by detailed medical reports, and that cases of mistreatment,
torture or death be investigated, prosecuted and adequately sanctioned. Access to the
judge and effective remedies should be guaranteed in this regard. A gender-based
approach is needed in the management of the CIEs. In this regard, the situation of
migrant women detained in CIEs should be carefully monitored with special attention
to the presence of potential victims of trafficking. The relevant mechanisms to prevent
sexual abuse against detained migrant women should be set up, and those responsible
brought to justice. It is also essential to promote the recruitment of female officers in
CIEs where women are detained. Additionally, CIEs’ personnel should continue to
receive tailored training on human rights and international protection. The effective
implementation of the recommendations made by the National Ombudsperson on
CIEs is also recommended.
75.
The Special Rapporteur recalls that States are obligated to consider alternative
measures before resorting to detention, in order not to violate the right to liberty and
security of the person. Detention for immigration purposes should never be
mandatory or automatic. According to international human rights standards, it
should be a measure of last resort, only permissible for the shortest period of time and
when no less restrictive measure is available. Therefore, the Special Rapporteur
recommends that alternative measures to detention as provided, inter alia, by the
Special Rapporteur on the human rights of migrants in his report to the Human
Rights Council (A/HRC/20/24), be considered by the Government.
On refugees, asylum seekers and stateless persons
76.
The Special Rapporteur recommends that the Government ensure respect and
effective implementation of asylum legislation, including through the adoption and
entry into force of the necessary implementing decrees. He also recommends the
relevant authorities, especially the Ministry of Interior and the Eligibility
Commission, review asylum policies and decisions adopted that may be in
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