A/HRC/35/25
4.3.
Expeditiously and completely end the immigration detention of children and their
families, and protect the rights, dignity, welfare and best interests of migrant
children in all cases
4.4.
Ensure timely and effective access to justice for all migrants in detention, regardless
of their status and circumstances, including access to competent lawyers, competent
interpreters and translators, legal aid and judicial assistance programmes, nongovernmental organizations, consular authorities and asylum procedures, and the
effective and independent external monitoring of all migrant detention facilities
4.5.
Promote, develop and make use of viable, rights-based alternatives to detention
Indicators
(a)
Judicial appeals of all detention orders are automatically implemented;
(b)
Mandatory detention of migrants is abolished;
(c)
The number of migrants in immigration detention is considerably reduced;
(d)
Alternatives to detention are created and expanded;
(e)
The proportion of migrants who are released into non-custodial alternatives
to detention is considerably increased;
(f)
All forms of detention of migrant children and their families on the basis of
their immigration status or that of their parents are abolished;
(g)
Increased number of countries having ratified the Optional Protocol to the
Convention against Torture and adopted national preventive mechanisms mandated to visit
all places of deprivation of liberty within their jurisdiction, including places where migrants
are detained.
Goal 5.
Provide effective access to justice for all migrants
Rationale
63.
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. This holds especially true for
the most precarious migrants, including undocumented migrants, temporary migrant
workers in sponsorship programmes and live-in migrant domestic workers, most often
women.
64.
Immigration legislation and regulations often restrict considerably the access of
migrants to effective recourse and remedies, thus 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.
65.
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. Conversely, 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 a precarious situation is to ensure effective access to justice for
migrants. Tools need to be made available to overcome systemic barriers to the right to an
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