A/HRC/38/41 human rights of migrants in the context of return, organized by OHCHR and held in Geneva. It is also based on observations made during the Special Rapporteur’s country visits, communications received from individuals and non-governmental organizations, and research conducted by lawyers of the Diego Portales University. B. Concepts and terminology 14. There is no international definition of “return” in the context of migration. The most recent definition was proposed by the Global Migration Group in its principles and practical guidance on the protection of the human rights of migrants in vulnerable situations, prepared pursuant to Human Rights Council resolution 35/17 (A/HRC/37/34 and Add.1). According to the principles and guidance, a “return” is an “umbrella term to refer to all the various forms, methods and processes by which migrants are returned or compelled to return to their country of origin or of habitual residence, or a third country. This includes […] deportation, expulsion, removal, extradition, pushback, handover, transfer or any other return arrangement.” They add that “the use of the term return provides no determination as to the degree of voluntariness or compulsion in the decision to return, nor of the lawfulness or arbitrariness of the return” (A/HRC/37/34/Add.1, chap. V). 15. According to IOM, “assisted voluntary return” is the “administrative, logistical, financial and reintegration support to rejected asylum seekers, victims of trafficking in human beings, stranded migrants, qualified nationals and other migrants unable or unwilling to remain in the host country who volunteer to return to their countries of origin.”3 Voluntary returns are not always assisted, and returnees can be compelled to resort to “voluntary” return to avoid deportation, detention or destitution. 4 16. Similarly, there is no agreed definition of the term “reintegration”. Effective reintegration programmes depend largely on the voluntary character of returns, and may ultimately contribute to decreasing re-emigration rates.5 17. In general, the terms “return”, “deportation”, “expulsion”, “repatriation” and “removal” are used interchangeably to describe the process of sending back or returning persons to their country of origin or habitual residence. Their common feature is a lack of genuine, fully informed and valid consent, thus the lack of voluntariness. 18. For the purpose of the present report, the term “return” refers to all acts by which persons are sent to a third country without their free and informed consent. Apart from coercion, the lack of alternatives to return will also determine the free character of the voluntariness, and therefore the boundaries between forced and voluntary returns. C. International legal framework 19. The Universal Declaration of Human Rights and the core international human rights treaties provide the legal framework for non-discrimination and the protection of the human rights of all human beings, including migrants, regardless of their status and where they are. Article 13 of the Declaration states that everyone has the right to leave any country, including his or her own, and to return to his or her own country. Article 2 of the International Covenant on Civil and Political Rights requires States to ensure that the rights recognized in the Covenant are enjoyed by all individuals who are within its territory and/or subject to its jurisdiction, without distinction of any kind. 20. In the context of migration, States must also respect the right to be free from torture and ill-treatment without any discrimination. 6 The prohibition of torture and ill-treatment is further developed by the absolute and non-derogable principle of non-refoulement, which 3 4 5 6 IOM, Glossary on Migration, International Migration Law Series, No. 25, 2011, p. 11. Caritas Europa, “Human rights and human dignity at the centre of return policies”, position paper, 9 February 2018. Ibid. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 1. 5