A/74/191
and refugee women and provides them with care during pregnancy and after
delivery. 93
F.
Main challenges among States in gender-responsive migration
legislation, policies, and practices
84. Despite gender-sensitive initiatives being developed, such as those described
above, a series of challenges remain with regard to fully gender-responsive migration
legislation, policies and practices and their implementation.
1.
Lack of a strong gender-responsive approach in migration governance
85. A number of countries have overall weak gender-responsive approaches in their
migration policies. This is particularly the case in the area of integration. Other
countries seem to lack concrete action-oriented plans to translate general
commitments that were made at a higher political level. For example, in some cases
a government has a stated commitment to establish a comprehensive migration policy
to protect and fulfil the rights of all migrants, but its national human rights strategy
may mention migrants only in general terms, without consideration of gender aspects.
86. In some countries, reduced funding for national budgets has affected the ability
of States to fulfil their obligations in relation to the elimination of all forms of
discrimination and the promotion of gender equality in the area of migration
governance.
87. Other challenges involve the lack of respect and gender-responsive approach on
the part of personnel, including social workers, who regularly deal with migrant
women and girls. Concerns were raised over unwelcoming messages given to migrant
women by social workers, encouraging them to “just go home” or “leave their
children behind and go back home”.
88. Furthermore, while some laws are written in neutral terms, in others the
language used may lead to an unfavourable interpretation. For instance, in French law
the term “migrant” is often employed in its masculine form (le migrant) instead of a
more neutral term (such as la personne migrante), which would ensure a genderresponsive applicability of the law. 94
2.
Lack of gender statistics and disaggregated data in migration
89. The challenge of obtaining sex- and gender-disaggregated data persists at a
global level. The visibility of migrant girls in available research and data is markedly
lacking. Gender- and sex-disaggregated data is particularly weak in the context of
detention. There are very few statistics on exactly how many women , girls and
lesbian, gay, bisexual, transgender and intersex persons are languishing in
immigration detention centres or what the conditions of their detention are. 95
3.
Inadequate reception conditions
90. Migrant women and girls in reception facilities in many countries continue to
be at serious risk of gender-based violence and trafficking in persons, and
unaccompanied girls are particularly vulnerable to sexual exploitation and abuse. 96 In
__________________
93
94
95
96
18/24
See O Sao Paulo, 17 June 2018 (http://www.osaopaulo.org.br/noticias/amparo-maternal-ereferencia-de-parto-normal-em-sao-paolo).
See submission of La Cimade.
See submission by the Global Detention Project.
Gender Equality Commission, Protecting the rights of migrant, refugee and asylum-seeking
women and girls, Strasbourg, 2018 (preliminary draft factsheet available at:
19-12287