A/73/178/Rev.1
I. Introduction
1.
The present report is submitted to the General Assembly by the Special Rapporteur
on the human rights of migrants pursuant to Human Rights Council resolution 34/21.
II. Activities1
2.
On 11 May 2018, the Special Rapporteur gave a lecture on migration policy and
human rights at the Autonomous University of Madrid. On 17 May, he was a keynote
speaker at a conference on trafficking and corruption at Carlos III University, Madrid.
3.
From 4 to 8 June 2018, the Special Rapporteur partic ipated in the annual
meeting of special procedures in Geneva. On 13 June, he participated in a panel
discussion on human mobility in times of populism at American University,
Washington, D.C.
4.
On 20 June 2018, the Special Rapporteur presented his first t hematic report to
the Human Rights Council (A/HRC/38/41) on the return and reintegration of
migrants. On 22 June, he participated as a speaker at a side event organized by the
non-governmental organization (NGO) World Alliance for Citizen Participation
(CIVICUS) on the shrinking of civic space in the European Union and the
criminalization of assistance to migrants.
5.
From 9 to 13 July 2018, he attended the last round of negotiations on the Global
Compact for Safe, Orderly and Regular Migration in New York.
6.
On 18 July 2018, he participated in a conference in San José, Costa Rica on the
fortieth anniversary of the entry into force of the American Convention on Human
Rights and the establishment of the Inter-American Court of Human Rights, during
which he delivered a presentation as a member of a panel discussing contemporary
global challenges for human rights protection systems.
III. Effective access to justice for migrants
A.
Introduction
7.
Effective access to justice means that everyone, without discrimination, has the
right to access the system provided for conflict resolution and the restoration of rights.
Access to justice has a dual role, as a fundamental right inherent to every person and
as a principle that establishes obligations for States, particularly to ensure that anyone
can approach the courts to seek protection of their rights. States, under international
human rights law, have an obligation to guarantee the human rights of all individua ls
under their jurisdiction, regardless of their nationality or migration status, including
the right to access to justice and due process. 2
8.
The following sections analyse the rights and key elements that make up
effective access to justice, such as the right to legal aid and representation, the right
to information and an interpreter, the right to consular assistance, the competent
authority to which access is provided, as well as remedies and redress. These
guarantees of due process are applicable to all migrants, regardless of their migration
status, to enable them to claim their rights in migration procedures or asylum
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For activities between August 2017 and April 2018, see A/HRC/38/41.
International Covenant on Civil and Political Rights, art. 2.
3/20