A/HRC/53/26 child and to providing migrants with access to information pertaining to their rights and obligations during all stages of migration. C. Irregularity and human rights 1. Drivers leading migrants to irregularity 26. Pathways towards irregular migration are varied. Migrants may fall into situations of irregularity when entering a country irregularly seeking protection or in search of safety and dignity or when losing their regular status because of a change in employers and/or restrictive migration labour policies. In some cases, migrant victims of crime or abusive conduct may find themselves in an irregular situation when fighting for justice. It is important to acknowledge that most migrants have little control over the complex factors that define their migration status. In most cases, they find themselves in an irregular situation through no fault of their own. 27. Residence and work permits are often linked to a job contract, which must be regularly renewed. The implication of such a practice is that migrants can easily lose residence status following the loss of a job. Not fulfilling administrative requirements to renew residence status (e.g. due to high financial fees, unclear requirements or ambiguously communicated deadlines) may also result in migrants falling into irregularity. Other migrants may have their regular residence status associated with their spouse in cases of marriage or family reunification, which in some circumstances, such as separation from a violent partner, may result in the loss of regular residence status. Asylum-seekers who are found not to be in need of international protection may receive a return decision that may not be enforced immediately nor long into the future. There may be a variety of reasons for such a situation, for example a lack of administrative documents needed to enter the country of origin, health issues, or the best interests of the child. In such a case, authorities may tend to formally or informally tolerate the asylum-seeker’s stay, although they do not grant residence status. This leaves asylum-seekers in a protracted legal and social limbo without any long-term prospects.14 28. When options for safe and regular pathways for migration are insufficient, some people may still be compelled to leave their country of origin for reasons of health or survival. The adverse effects of climate change and environmental degradation; unequal access to economic and social rights, including health care, decent work, food, land or water; unequal opportunities, including gender inequality; and gender-based violence can all be compelling reasons for migrants to move through irregular migration channels. Other drivers or structural factors include gender-based migration bans, recruitment costs, dishonest labour recruiters, misleading or false information and a lack of understanding of complex migration rules. 15 29. Detention, deportation, social exclusion and the denial of migrants’ access to their rights in the country of destination are also among the reasons that migrants in irregular situations live in fear for their lives. Undocumented migrants may be detained for several reasons. Refugees, asylum-seekers and migrants in situations of vulnerability fleeing violence and war often do not possess the proper documentation. As a consequence, many migrants and asylum-seekers are questioned and detained for not having valid and regular forms of identification, despite having pending asylum claims. On the other hand, impoverished migrants prefer irregular channels for migration, which exacerbates their vulnerability and exposure to exploitation.16 30. It should be noted that the intersection between migration and other forms of discrimination (based on gender, race, ethnicity, religion and sexual orientation) and the false connection of irregularity to criminalization exacerbate the vulnerability of irregular migrants. Such exacerbated forms of discrimination, together with the oppression resulting from the marginalization and criminalization of such migrants, tend to result in the systemic 14 15 16 GE.23-06641 Caritas Europa, “Demystifying the regularisation of undocumented migrants” (2021). ILO, Protecting the Rights of Migrant Workers in Irregular Situations and Addressing Irregular Labour Migration: A Compendium (2021). See submission from the Migrant Forum in Asia. 7