E/CN.4/2000/82 page 15 religious and linguistic differences; the relationship between State sovereignty and undocumented migration; or problems stemming from the trafficking in migrants. “An essential element in the understanding of vulnerability was the factor of powerlessness which, more often than not, characterized the migrant” (E/CN.4/1998/76, para. 45). 71. In her address at the University of Oxford in 1997, the United Nations High Commissioner for Human Rights said that “one lesson we need to learn, and to reflect in our approach, is that the essence of rights is that they are empowering”. Thus, vulnerability is understood as a condition of a lack of empowerment, a condition imposed on a person by the power structure of a country. There is a structural and cultural vulnerability ascribed to non-nationals, foreigners or immigrants by the “nationals” of a given country. The structural nature derives from the existence of a power structure which shows that in any given national society, some have more power than others. 72. The cultural nature of vulnerability derives from the set of cultural elements (stereotypes, prejudices, racism, xenophobia, ignorance and institutional discrimination), with derogatory meanings which tend to justify the differences between “nationals” and non-nationals or migrants. 73. The combination of (a) power differentials based on a structure where the immigrant is at a lower level than nationals, with (b) the set of cultural elements which justify it, results in various degrees of impunity in cases of the violation of the human rights of a migrant. This impunity then becomes an empirical indication of the powerlessness of the migrant, which is equal to his or her vulnerability. “ ‘Impunity’ here is understood as the absence of economic, social or political costs for the violator of the human rights of a migrant” (E/CN.4/AC.46/1998/5, para. 30). 74. Vulnerability is not a condition that immigrants take with them to the country of destination, whether or not their entry into a given country is legal. It is not intrinsic to racial characteristics, or to a country or ethnic origin, or to the development conditions of the country or region of origin. What is intrinsic to the condition of every human being and thus to every migrant, wherever he or she may go, is the ability to transcend situations imposed against his or her will. In this commitment, the empowering function of human rights protection plays a fundamental role. E. Obstacles to full protection 75. An important part of the mandate contained in resolution 1999/44 is to gather information on the obstacles to the full and effective protection of the human rights of migrants. 76. The obstacles identified by the working group of intergovernmental experts are categorized as institutional, social and economic; some of them deserve special attention. 77. One of the basic institutional obstacles is the absence or non-acceptance in domestic legislation of universal standards which explicitly recognize the human rights of migrants. Many countries have incorporated human rights standards into their domestic legal systems, although their application has, in the best of cases, been restricted to their own citizens. Another