A/HRC/53/26 violation of their human rights. 17 Furthermore, the Special Rapporteur notes that when migration policy is restrictive and, concurrently, paired with anti-migration rhetoric, a false image of migrants in society may emerge, with accusations that they pose a serious threat to the internal security of the country of destination. 31. The Special Rapporteur observes that, when migrants are criminalized and dehumanized by policies and rhetoric, the message given is that they are not entitled to rights and have no place in society. The impacts of such biased narratives are wide-reaching within society, reducing people’s trust in and connections with each other and enabling a range of harmful policy measures, such as widespread and unregulated surveillance practices, harassment of non-governmental organizations and the shrinking of space for defenders of migrant rights. The Special Rapporteur notes with concern that such negative rhetoric surrounding the issue can lead to the wrongful association of migrants with criminals in the public debate.18 32. Under international human rights law, the criminalization of irregular migrants goes against the legitimate interests of States in protecting their territories and regulating migration. In the New York Declaration for Refugees and Migrants, Member States agreed to consider reviewing policies that criminalize cross-border movement and affirmed that children should not be criminalized on the basis of their migration status. 19 Undocumented migrants should not be treated as criminals or as national or public security threats. Criminalizing people on the basis of their migration status can lead to several other human rights violations, including discriminatory profiling, arbitrary arrest and detention, family separation and the inability to access health care, adequate housing, education, employment or other rights. The Special Rapporteur wishes to highlight that such criminalization of migrants further pushes them to live and work in the shadows of society and may increase their exposure to exploitation and abuse by different actors. 2. Human rights challenges faced by migrants in irregular situations 33. While in transit or in destination countries, many migrants find themselves in irregular and precarious conditions, unable to access basic services or justice and at risk of human rights violations and abuses, including trafficking in persons, sexual and gender-based violence and treatment that may result to torture and other cruel, inhuman or degrading treatment or punishment. Migrants in irregular situations also face challenges in the exercise of their human rights, including access to health care, education, essential services and adequate housing and to labour rights and social protection. Hence, irregularity increases exclusion, disempowers migrants and exposes them to greater risk of discrimination, abuse and exploitation.20 When migrants experience exploitation or abuse, their lack of a regular status prevents them from reporting cases to the police out of fear of deportation. 34. Labour inspections at the workplace are often conducted in conjunction with migration enforcement authorities, and exploited undocumented migrant workers can be apprehended. With reference to health care, financial barriers and fear that their personal data will be communicated to immigration authorities may result in migrants not going to the doctor or the hospital.21 Irregular migration status also increases migrants’ vulnerability to modern slavery, including because of their reliance on smugglers, the corruption of officials and a lack of access to protection mechanisms and safety nets. When combined with other circumstances, such as a lack of local language skills, physical or emotional isolation, a lack 17 18 19 20 21 8 Ibid. OHCHR, “Seven key elements on building human rights-based narratives on migrants and migration” (2020). General Assembly resolution 71/1, paras. 33 and 56. United Nations Network on Migration, “Guidance note: regular pathways for admission and stay for migrants in situations of vulnerability” (2021). Caritas Europa, “Demystifying the regularisation of undocumented migrants”. GE.23-06641