A/HRC/53/26
of integration and the absence of firewalls,22 vulnerability to modern slavery for migrants
without regular migration status becomes even greater.23
35.
Migrant workers also face challenges and abuses due to restrictive migration labour
policies in countries of destination. For instance, some key obstacles to the empowerment of
migrant workers to fight for their rights are that third-country national workers’ visas, and
the resulting ability to acquire or keep regular residence status, are often tied to one specific
employer and an employment contract. In addition, certain regularization schemes require
migrant workers to allocate a long period of time to a specific employment arrangement.
Such instances can lead to situations in which migrant workers accept exploitative work
conditions in order to acquire or renew regular residence status or to regularize their status.24
36.
It is important to note that the Committee on the Rights of the Child and the
Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families have recognized several negative impacts on children’s well-being of having an
insecure and precarious migration status, including but not limited to the risk of physical
harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and
economic exploitation; different forms of violence on irregular migration journeys or in
irregular situations in countries of destination; the risk of being denied access to education,
housing, health care, recreational activities, participation, protection, social security and
justice; the risk of child marriage, violence, trafficking, forced recruitment, exploitation and
child labour, which is exacerbated when accompanied by a lack of birth registration and
childhood statelessness; and risks to children’s physical and mental health, recognizing that
children experience stress differently than adults.25
37.
Undocumented migrant women and girls face specific vulnerabilities deriving from
exploitative and illegal recruitment practices, especially those related to the payment of
recruitment fees and poor working conditions. Migrant women are overrepresented in the
informal economy, lacking access to decent work, social protection, labour rights or services.
Women migrants are at increased risk of workplace violence and harassment and sexual and
gender-based violence and are often reluctant to report crimes and transgressions due to their
irregular or precarious migration status and are therefore unable to exercise their right to seek
appropriate and effective remedies.26 Migrant women without a regular migration status are
often denied access to health care, housing and other vital public services. Gender-based
discrimination against them is compounded by further discrimination based not only on their
migration status but on ethnicity, race, class or caste identity.27
38.
The Special Rapporteur observes that, around the globe, the COVID-19 pandemic
resulted in an increase in the type and complexity of vulnerabilities for migrants and a
diversification of protection needs. Requests by migrants for low-threshold care have
increased, including for the provision of services dedicated to health protection, legal
protection, access to training and job placement services and the maintenance of housing
autonomy. Victims of severe labour exploitation, in particular, have been clamouring for
agile, customized and quick access to the labour market. During the first and second waves
of the pandemic, because of the need to observe precautionary measures against the spread
of the virus, direct access to such public services as social services, employment offices and
22
23
24
25
26
27
GE.23-06641
Firewalls are measures to separate immigration enforcement activities from public service provision,
labour law enforcement and criminal justice processes to protect migrants, including migrant victims
of crime, that States and non-State actors implement to ensure that persons with irregular status are
not denied their human rights.
See submission from Anti-Slavery International and Focus on Labour Exploitation.
See submission from the European Union Agency for Fundamental Rights.
Joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017)
on the general principles regarding the human rights of children in the context of international
migration, para. 40; and submission from United Nations Children’s Fund (UNICEF).
United Nations Network on Migration, “Guidance note”.
See Ibid., paras. 9 and 12.
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