A/57/292
Human Rights, David Weissbrodt (E/CN.4/Sub.2/
2001/20 and Add.1).
13. The primary reference document for the mandate
on the human rights of migrants is the Universal
Declaration of Human Rights, followed by the
principal international human rights instruments,
including the International Covenant on Civil and
Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the International
Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Rights of the
Child and the Convention on the Elimination of All
Forms of Discrimination against Women.
14. All these conventions and the Universal
Declaration
contain
clauses
concerning
nondiscrimination in the application of the rights they set
forth. Article 2 of the Universal Declaration provides
that everyone is entitled to the rights and freedoms set
forth in the Declaration “without distinction of any
kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status”. The purpose of the
provisions of the Declaration and the international
instruments is to protect, without distinction, every
person without exception within the jurisdiction of a
State. The opinions and decisions of the human rights
treaty monitoring bodies throw light on the extent to
which the rights in these treaties are applied to aliens in
the territory of each State party (for an exhaustive
study, see document E/CN.4/Sub.2/2001/20 and
Add.1).
15. The Special Rapporteur has taken particular note
of General Comment 15 of the Human Rights
Committee, which states, inter alia, that aliens have an
inherent right to life and must not be subjected to
torture, to cruel, inhuman or degrading treatment or to
slavery. They have the right to freedom of thought,
conscience and religion and shall not be subjected to
retrospective penal legislation. They are entitled to
recognition before the law. The Committee on
Economic, Social and Cultural Rights has adopted
opinions along the same lines. She noted, for example,
that article 2 of the Convention on the Rights of the
Child and article 3 of the Convention against
Discrimination in Education both state that the
principle of non-discrimination extends to all persons
of school age residing in the territory of a State party,
including non-nationals, and irrespective of their legal
status (see E/C.12/1999/10, para. 34).
16. The Special Rapporteur has also drawn on the
opinions of working groups and other special
rapporteurs in determining cases of violations of the
specific rights with which they are concerned. For
example, she has drawn on the opinion of the Working
Group on Arbitrary Detention concerning the detention
of
unaccompanied
minors
(see
E/CN.4/1999/63/Add.3). She has also taken joint action
with the Special Rapporteur on extrajudicial, summary
or arbitrary executions on cases involving the death
penalty in which the provisions of the Vienna
Convention on Consular Relations of 1963 have not
been observed.
D. Methods of work
17. Since her appointment, the Special Rapporteur
has established various types of communication with
Governments, governmental and non-governmental
organizations and migrants themselves. She has
undertaken four missions in her capacity as Special
Rapporteur and has participated in numerous
international events, which are described in the chapter
on her activities.
Type of communications received by the Special
Rapporteur
18. The Special Rapporteur receives a large number
of communications containing information on alleged
violations of the human rights of individuals or groups
that are not nationals of the country in which they live.
While the main sources of this type of communication
are non-governmental organizations, information is
also received directly from migrants, from
intergovernmental organizations, from other United
Nations human rights bodies and sometimes even from
Governments.
The
Special
Rapporteur
has
demonstrated her willingness to respond jointly with
other subsidiary bodies of the Commission.
19. In order to facilitate the communication of
allegations of violations of the human rights of
migrants, the Special Rapporteur has prepared a
questionnaire clearly setting out the information
required to process a complaint under her mandate.
This questionnaire is available on the Web site of the
Office of the United Nations High Commissioner for
Human Rights (http://www.unhchr.ch/html/menu2/7/b/
mmig.htm).
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