A/HRC/41/38
means, especially in countries that criminalize induced termination (A/HRC/32/44, para.
53).
64.
Access to education is a basic human right for boys and girls, notably also for
migrant girls. Obstacles faced by migrant girls in exercising their right to education include
language barriers, the assessment and recognition of previous education and the transfer of
qualifications. They face further challenges from legal hurdles that make it more difficult to
enrol in education, due to their or their parents’ migration or residence status. In addition,
the environment in a new school also plays a crucial role, as stigmatization and
discrimination may discourage migrant children from attending school. Most importantly,
access to education must be completely separated from the fear of being deported. When
firewalls are not in place, meaning that the personal data of migrant children and their
families may be shared with the immigration authorities, migrant girls are more reluctant to
enrol in education and realize their basic right. 68
3.
Access to justice for migrant women and girls
65.
An important aspect of the protection of the human rights of migrant women and
girls is to ensure their access to justice, a particular challenge for migrant women and girls,
especially those in an irregular situation. More specifically, their access to justice may also
be hindered by a language barrier, a lack of information about their human and labour
rights, and a lack of trust in the police.
66.
As the Special Rapporteur outlined in his report on access to justice for migrants
(A/73/178/Rev.1), firewalls, or the strict and real separation between the immigration
authorities and public services, are crucial for migrants to exercise and enjoy their human
rights without fear of being reported to the immigration authorities. It is thus firewalls that
will allow migrant women and girls who may become victims of any form of violence or
abuse, including gender-based violence and sexual abuse, to report the crimes, obtain legal
assistance and gain access to the courts to defend their rights.
4.
Specific challenges faced by indigenous migrant women
67.
Indigenous peoples are at a higher risk of having to leave their community as a result
of extenuating circumstances, such as the impact of climate change or slow onset natural
disasters, but also social and political conflicts. Moreover, large-scale economic projects
constructed on indigenous lands and tourist projects in areas that are of significance to
indigenous peoples have repeatedly caused forced displacement and migration. As they are
driven from their territories, indigenous peoples see their lifestyles and cultures
disintegrate, often without any prospect of returning to them (see A/HRC/30/41).
68.
Due to the loss of livelihood that is often tied to the loss of their land, indigenous
peoples become more vulnerable to exploitation and violence. Indigenous women and girls
are particularly affected (see A/HRC/30/41). As mentioned by the Secretary-General on the
International Day of the World’s Indigenous Peoples in 2018, “indigenous women and girls
experience disproportionately high rates of trafficking and other forms of violence” 69 while
migrating. The link between trafficking and social marginalization is evident, and means
that indigenous peoples, and particularly women and children, are the most vulnerable.70
They are also more likely to experience extortion and harassment at border crossings (see
A/HRC/30/41, para. 47 (c)).
68
69
70
16
See United Nations Children’s Fund, “Education uprooted: for every migrant, refugee and displaced
child, education” (New York, 2017).
See www.un.org/press/en/2018/sgsm19158.doc.htm.
Carlos Yescas Angeles Trujano, Indigenous Routes: A Framework for Understanding Indigenous
Migration (Geneva, IOM, 2008), p. 34.