A/73/178/Rev.1
status, giving them special visas or taking other protective measures for victim s
of trafficking and forced labour;
(b) Ensure and facilitate equal and effective access for all migrants whose
labour or human rights are violated to independent, competent, fair, effective
and accountable judicial and quasi-judicial institutions;
(c) Ensure access for all migrants in detention, regardless of their status
and circumstances, to competent lawyers, interpreters and translators, legal aid
and judicial assistance programmes, NGOs, consular authorities and asylum
procedures, and independent external monitoring of all migrant detention facilities;
(d) Empower migrants to avail themselves of legal remedies, and strengthen
their ability to exercise influence upon law-making and law-implementing processes
and institutions;
(e) End discrimination and inequalities for migrants in the legislation,
policies and practices that regulate access to justice;
(f) Strengthen the capacity of courts, tribunals, national human rights
institutions, ombudspersons and other mechanisms for human rights protection
and dispute resolution to ensure accountability for violations of the rights of
migrants;
(g) Adopt effective measures to reduce crime and violence against
migrants during their journeys and in destination countries, and ensure effective
protection and assistance to victims of exploitation and abuse;
(h) Establish firewalls between immigration enforcement and public
services to allow access to justice for all migrants without fear of being reported,
detained and deported;
(i) Ensure that labour inspections focus on employers who exploit
migrant workers, rather than on the workers;
(j) Establish bilateral agreements to ensure that migrants who return to
their country of origin have access to justice in the country of employment, in
particular to report abuse and claim unpaid wages and benefits.
76.
With regard to migrant boys and girls States should:
(a) Adopt and implement legislation prohibiting the detention of migrant
boys and girls because of their migration status or that of their family, and adopt
alternative family- and community-based measures;
(b) Facilitate access to mechanisms for submitting formal complaints and
reports that are adapted to the needs of boys and girls, in cases of violations of
their rights;
(c) Provide them with information — that is age-appropriate and tailored
to their needs — on their rights and how to obtain redress;
(d) Give due consideration to the views of boys and girls and safeguard
their privacy and confidentiality when they participate in judicial proceedings,
in order to prevent their victimization or revictimization;
(e) Ensure that, as soon as possible, a legal representative is appointed for
all children, free of charge, and a trained guardian is appointed for unaccompanied
and separated children;
(f) Adopt effective procedures for determining children’s best interests,
as well as mechanisms for referral to the child protection system when necessary;
(g) Train and educate judicial and administrative officials in the human
rights and needs of boys and girls.
18-15902
19/20