A/68/283 with the Global Migration Group and other United Nations system partners, should prepare a concise analytical report by mid-2013 on migration and human rights. B. Legal and normative framework 27. Migration is a multifaceted phenomenon, and the legal regime dealing with its different aspects has developed at different stages. This sectoral approach is partly due to States’ past reluctance towards discussing all aspects of migration in a comprehensive way. Despite this reality, the Special Rapporteur believes that the international legal framework, which incorporates international human rights law, the refugee regime, international labour standards and transnational criminal law (smuggling of migrants and trafficking in persons), is a solid framework for policymaking on migration. However, the inadequate implementation of these standards at the national level remains a major problem. Human rights 3 1. 28. All migrants, without discrimination, are protected by international human rights law. There are very few and narrowly defined exceptions to this, namely the right to vote and be elected and the right to enter and stay in a country. Even for those exceptions, procedural safeguards must be respected, as well as obligations related to non-refoulement, best interests of the child and family unity. All other rights extend to all migrants, whatever their administrative status. Any distinction must be proportionate, reasonable and serve a legitimate objective: the two human rights covenants (International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights) explicitly refer to “national origin” as a prohibited ground of discrimination in the enjoyment of civil, political, economic, social and cultural rights. 29. Only 46 States have ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. However, it mainly restates rights which already follow from other treaties. All States have ratified at least one of the other core international human rights treaties and, owing to the non-discrimination principle, are thus obliged to respect the human rights of migrants, including those in an irregular situation. 2. Refugees and stateless persons 30. The global refugee regime, based on the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, prevents the expulsion of and provides a status to persons who have a well-founded fear of persecution on account of race, religion, nationality, membership of a social group or political opinion (the principle of “non-refoulement”). The expansion of the principle has led to the concept of “subsidiary protection” reaching beyond the scope of the 1951 Convention. __________________ 3 6/26 For a more detailed overview, see the report of OHCHR entitled “Migration and human rights: improving human rights-based governance of international migration”, available from www.ohchr.org/EN/Issues/Migration/Pages/HLD2013.aspx. 13-42115