A/HRC/62/35
35.
Immigration detention also has gendered impacts. Migrant women face heightened
risks of sexual and gender-based violence in detention, while access to gender-responsive
healthcare, including sexual and reproductive health services, is often lacking. Poor
conditions, including overcrowding, inadequate sanitation and limited access to medical,
legal and social support, disproportionately affect women and girls. 86 In Libya, gender-based
violence against women and girls is reported to be systematic. Men are also subjected to
sexual violence, including rape and sexual exploitation, although such violations are likely
to be underreported due to stigma and trauma.87
C.
Racial and intersectional discrimination
36.
Externalization should be examined in the light of systemic discrimination embedded
in migration governance, including racialized mobility hierarchies and discriminatory
enforcement practices. In practice, externalization agreements and their implementation
result in disproportionate adverse impacts on nationals of global South countries, particularly
those belonging to racialized and ethnic minority groups, restricting access to asylum and
protection. Externalization measures frequently rely on securitized approaches, including the
use of digital technologies at borders, that may result in racial profiling and disproportionate
targeting of migrants from the global South for interception, detention and deportation. 88
Externalization thus tends to perpetuate patterns of exclusion and unequal treatment affecting
racialized migrants and to weaken protection.
37.
Externalization is further structurally intertwined with intersectional forms of
discrimination, whereby multiple and intersecting grounds – including race, ethnic origin,
nationality, gender, sexual orientation, gender identity, migration status and socioeconomic
position – interact to compound vulnerability and heighten exposure to human rights
violations, discrimination and harm. 89 From an intersectional perspective, racial
discrimination and gender-based violence are interconnected. For example, women and
persons with diverse sexual orientation, gender identity, gender expression or sex
characteristics may face heightened risks of discrimination, gender-based violence,
trafficking and labour exploitation. 90 Reports indicate that in Nauru, migrants with
intersectional vulnerabilities may not receive adequate protection or targeted support,
including women who lack access to safe housing and to gender-responsive healthcare.91
VI. Human rights obligations and responsibility
38.
Externalization measures pose a significant risk of violating multiple human rights of
migrants, yet establishing responsibility and securing redress for victims remains challenging.
In addition to the often informal nature of such arrangements, two factors are particularly
significant: their extraterritorial character, and the involvement of multiple actors, which may
86
87
88
89
90
91
12
Submissions from UN-Women; International Detention Coalition; and Women in Migration Network;
and see EuroMed Rights, “A gendered analysis of EU migration externalisations policies”.
UNSMIL and OHCHR, Business as Usual: Human Rights Violations and Abuses against Migrants,
Asylum-Seekers and Refugees in Libya.
Joint general recommendation No. 38 (2025) of the Committee on the Elimination of Racial
Discrimination and general comment No. 7 (2025) of the Committee on the Protection of the Rights
of All Migrant Workers and Members of Their Families on general guidelines for eradicating
xenophobia towards migrants and others perceived as such, paras. 13–19 and 48;
A/75/590, paras. 22 and 43; and submission from Women in Migration Network.
A/HRC/59/62, para. 10; joint general recommendation No. 38 (2025) of the Committee on the
Elimination of Racial Discrimination and general comment No. 7 (2025) of the Committee on the
Protection of the Rights of All Migrant Workers and Members of Their Families, para. 20;
and submission from Montenegro.
Joint general recommendation No. 38 (2025) of the Committee on the Elimination of Racial
Discrimination and general comment No. 7 (2025) of the Committee on the Protection of the Rights
of All Migrant Workers and Members of Their Families, paras. 48 and 49;
and submission from Women in Migration Network.
Submissions from A. Talbot and from the Asylum Seeker Resource Centre.
GE.26-06322