A/HRC/17/33
reasonable pay, were often relegated to a lower socio-economic status and subjected to
differential treatment by housing providers. Migrants were subject to indirect
discrimination in that certain criteria for accessing rental housing had a disproportionate
impact on them. Given their limited access to housing through the private market, it is of
concern that migrants often do not enjoy the safety net provided by social housing in many
countries, especially where there was a shortage of social housing in general.
43.
Challenges in accessing adequate housing were even greater for irregular migrants;
it was extremely difficult for them to rent private property of good quality. The difficulties
were amplified in countries where the irregular presence of migrants is a criminal offence,
and there are obligations to “denounce” irregular migrants. In some countries, it was in fact
a criminal offence to let accommodation to irregular migrants. The precarious housing
situations were further exacerbated by the fact that irregular migrants were usually
excluded by law from most public services, including social housing. Particular concern
was expressed with respect to asylum-seekers who became irregular migrants and lost all
social support and housing entitlements once their claims for asylum were rejected.
44.
The Special Rapporteur noted with regret the widespread practices of forced
evictions of migrants around the world. There were many instances where migrants, most
often vulnerable groups such as irregular migrants, asylum-seekers and unaccompanied
children, were forcibly evicted from their homes without adequate notice, prior consultation
or alternative accommodation. These practices of forced evictions clearly undermined not
only migrants’ right to adequate housing, but also other related rights such as the rights to
health, food, water and education.
45.
Women faced significant barriers in accessing adequate housing due to
discrimination and migrant women were subject to multiple forms of discrimination, given
their marginalized status in societies. Migrant children were also more likely than other
children to live in overcrowded housing, which had a negative impact on their
development. The concern was heightened with respect to irregular migrant children, whose
right to adequate housing was dictated by the conditions of social exclusion that their
families to which were subjected. The lack of access to adequate housing for irregular
migrant parents meant that their children were deprived of housing as well.
46.
The realization of the rights to health and adequate housing played a crucial role in
the integration of migrants in host societies. Obstructing and limiting access to services,
institutions and goods that gave effect to such fundamental rights represented not only
violations of migrants’ human rights, but also obstacles to migrants’ inclusion and their
active participation in the host States. In the view of the Special Rapporteur, such denial of
human rights carried significant costs not only to migrants and their home countries, but
also to host countries, including social disintegration and public health dangers.
III.
Possible themes for further study
A.
Migration in the context of climate change
47.
Over the last few years, there has been an upsurge of interest in the likely impact of
climate change on population movements. Estimates have suggested that between 25
million and one billion people could be displaced by climate change over the next 40
years.5 These figures represent the number of people exposed to the risk of climate change
5
10
Migration, Environment and Climate Change: Assessing the evidence, Frank Laczko and Christine
Aghazarm, IOM, 2009, p. 9.