A/72/173
Goal 5.
Provide effective access to justice for all migrants
Rationale
62. Migrants face discrimination and exploitation in the workplace and sometimes
experience forced labour. They often find themselves in debt bondage as a result of
exorbitant recruitment fees. Nevertheless, migrants most often do not seek redress
for the violations of human rights and labour standards that they suffer, owing to
their limited command of the local language, their lack of knowledge of the laws
and systems, cultural barriers and the fear of detection, detention and deportation.
That holds especially true for migrants in the most precarious situations, including
undocumented migrants, temporary migrant workers in sponsorship programmes
and live-in migrant domestic workers, who are most often women.
63. Immigration legislation and regulations often considerably restrict the access
of migrants to effective recourse and remedies, thereby limiting their access to
justice. Perpetrators of abuse, exploitation, violations of rights and violence against
migrants too often benefit from practical immunity. Effective and accessible justice
systems can be tools to overcome exclusion, discrimination and marginalization
through the development of progressive case law on economic and social rights, the
enforcement of the human and labour rights of migrants and the systematic
enforcement of laws prohibiting their exploitation by private or public actors.
64. Facilitating effective access to justice would go a long way towards, on the
one hand, legitimizing new migration policies by showing that territorial
sovereignty and human rights are not incompatible and, on the other, changing
perceptions regarding migration by combating stereotypes. When migrants actually
go to court and the court proclaims that migrants have rights, citizens and
governments do listen. In addition, States must ensure that labour inspections target
exploitative employers rather than exploited migrant workers. The key to ending the
practical immunity of all those who abuse and exploit migrants in precarious
situations is to ensure effective access to justice for migrants. Tools need to be made
available to overcome systemic barriers to the right to an effective remedy, such as a
lack of unionization or representation, a lack of local language skills, limited
awareness of and information about rights and means of redress, and significant
resource constraints in the form of a lack of legal aid and of translation and
interpretation services.
Targets
17-12223
5.1
Ensure and facilitate equal and effective access for all migrants whose labour
or human rights are violated to independent, competent, fair, effective,
accountable and responsive judicial and quasi-judicial institutions available for
protecting rights, controlling abuses of power and resolving conflicts and, in
particular, to national courts, administrative tribunals, national human rights
institutions, ombudspersons, labour arbitration and other dispute resolution
mechanisms
5.2
Empower migrants to seek and obtain a remedy through the justice system,
and strengthen their ability to seek and exercise influence upon law-making
and law-implementing processes and institutions
5.3
End discrimination and inequalities for all migrants in the legislation, policies
and practices that regulate access to justice
5.4
Strengthen the capacity of courts, tribunals, national human rights institutions,
ombudspersons and other dispute resolution mechanisms to ensure
accountability for violations of the rights of migrants
19/26