E/CN.4/2000/82 page 9 people to flee their places of origin. Consequently, there is no recognition of the need to protect in any way people who do not want, or are unable, to return to situations in which the lack of fundamental economic, social and cultural rights makes it extremely difficult or impossible to survive. 32. People whose colour, physical appearance, dress, accent or religion are different from those of the majority in the host country are often subjected to physical violence and other violations of their rights, independently of their legal status. The choice of victim and the nature of the abuse do not depend on whether the persons are refugees, legal immigrants, members of national minorities or undocumented migrants. 33. Consequently, in order to give a definition of a migrant that is based on human rights, the first and most important step is to see whether or not the rights of those persons enjoy some form of legal, social and political protection. 34. Although the concept of vulnerability is useful for emphasizing the lack of protection of migrants, there is no reason to link it with the concept of weakness. It is also recognized that migrants in an irregular situation are in a particularly difficult position. The Special Rapporteur stresses that this consideration of vulnerability is the only one that makes it possible to protect migrants by empowering them. 35. On the basis of these considerations, an initial proposal for a basic definition of a migrant that takes into account his or her human rights would contain the elements given in the following paragraph. 36. For the purpose of studying and strengthening the protection of the human rights of migrants, the following can be considered as migrants: (a) Persons who are outside the territory of the State of which they are nationals or citizens, are not subject to its legal protection and are in the territory of another State; (b) Persons who do not enjoy the general legal recognition of rights which is inherent in the granting by the host State of the status of refugee, permanent resident or naturalized person or of similar status; and (c) Persons who do not enjoy either general legal protection of their fundamental rights by virtue of diplomatic agreements, visas or other agreements. 37. Also for the purpose of studying and strengthening the protection of the human rights of migrants, attention should be given, as a matter of priority, to migrants in an irregular situation. The human rights of undocumented migrants are also a cause for concern, like the rights of the victims of trafficking. Another cause for concern is the rights of other groups or categories of persons who are vulnerable to discrimination and the denial of their rights and who are legally, socially and politically the most disadvantaged in the places where they live. 38. A review of past practice shows that the Constitution of the Intergovernmental Committee for European Migration refers to migrants in its article 1, paragraph 1,