A/HRC/53/26 14. The regularization of migrants in an irregular situation, namely granting them a regular migration status to legalize their stay in the country, can be an effective measure to ensure the protection of the human rights of migrants in vulnerable situations, especially those who have experienced or encountered human rights violations and abuses in their home countries, or during the migration journey, in countries of transit and destination. The implementation of regularization mechanisms may contribute to both human development and national development. 15. In preparing the present report, the Special Rapporteur issued a questionnaire on how to expand and diversify regularization mechanisms and programmes to enhance the protection of the human rights of migrants. He expresses his gratitude to all the States, United Nations entities, civil society organizations and academics that contributed. The report is based primarily on the 83 submissions received,3 complemented by additional research, data and legal documentation issued by the United Nations, international organizations, States, civil society organizations and academics and by other open resources that were publicly available as of February 2023. B. Informative aspects of regularization programmes and mechanisms 1. Key definitions 16. Although there is no universally accepted definition of irregular migration, the term is generally used to identify persons moving outside regular migration channels. The fact that they migrate irregularly does not relieve States from the obligation to protect their rights. Moreover, categories of people who may not have any other choice but to use irregular migration channels can also include migrants, refugees, asylum-seekers, victims of trafficking or unaccompanied migrant children in addition to migrants who are compelled to leave their country of origin for a variety of reasons. The Special Rapporteur would like to emphasize that, under international law, States are also obliged to protect the human rights of persons resorting to irregular migration pathways, including through access to asylum and international protection for asylum-seekers fleeing persecution, conflicts or generalized violence.4 17. The terms “undocumented migrants”, “irregular migrants” and “migrants in irregular situations” denote persons who live in a country in which their residency is not officially recognized by that country. Some may not yet have been able to obtain a residence or stay permit or citizenship due to restrictive migration categories, including labour migration, and residence policies. Other people may have had residence permits linked to education, employment or family reunification, but those permits were either temporary or had precarious stay conditions and their validity expired. Children who are born to undocumented parents inherit their irregular status. “Tolerated status” refers to a situation in which Governments do not grant regular residence status, but rather de facto enact a stay that leaves an individual in an irregular situation, severely impairing the exercise of many of their fundamental rights (e.g. the right to freedom of movement, to work, to family reunification and to access social welfare benefits). 18. With regard to the distinction between “regular” and “irregular” migrants, regular and irregular situations are rarely clear. The vast majority of the world’s migrants arrive in their destination country through a regular channel and, owing to different circumstances, become “irregular” at a later stage. This may be through no fault of the migrants themselves, but instead owing to unclear or overly bureaucratic migration procedures, discrimination or such practical impediments as high visa renewal costs, language barriers and a lack of access to legal assistance. Such overstay has a negative impact on migrants from all countries and at all socioeconomic and educational levels.5 3 4 5 4 See https://www.ohchr.org/en/calls-for-input/2023/report-how-expand-and-diversify-regularizationmechanisms-and-programs-enhance. See https://www.iom.int/key-migration-terms. See https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/GlobalCompactMigration /RegularAndIrregular.pdf. GE.23-06641