A/HRC/62/35
connection, and guarantee access to effective remedies with automatic suspensive effect,
including where the safe third country concept is applied;
(d)
Guarantee that the use, transfer and deployment of digital and
surveillance technologies comply with international human rights law, including the
right to privacy and data protection standards and principles, ensuring transparency
and independent oversight, and suspending the use of technologies where risks cannot
be effectively mitigated, and consider establishing standards for the use of technology
in migration governance, including the implementation of United Nations principles
and guidelines on human rights-based digital border governance;
(e)
Ensure that all measures respect the rights of the child, with the best
interests of the child as a primary consideration, by explicitly exempting children from
externalization measures, prohibiting immigration detention, ensuring individualized
assessments with full procedural safeguards, stopping and preventing any violence
against children, reinforcing child protection systems, avoiding any family separation,
and refraining from removing children where there is a real risk of irreparable harm;
(f)
Ensure that all measures are gender-responsive, by systematically
identifying and preventing gender-based risks, including violence, exploitation and
discrimination, guaranteeing access to gender-sensitive and trauma-informed
procedures and services, refraining from removal where there is a real risk of
gender-based violence or irreparable harm, and ensuring that detention and reception
conditions respect the dignity, safety and specific needs of women, girls and persons
with diverse sexual orientation, gender identity, gender expression and sex
characteristics;
(g)
Prohibit racial profiling and discriminatory enforcement practices and
ensure that all measures comply with human rights norms, and adopt an intersectional
approach that prevents and addresses compounded discrimination against racialized
groups;
(h)
Ensure transparency in migration cooperation, including by making
agreements and their implementation frameworks publicly available and subject to
appropriate parliamentary and public oversight;
(i)
As part of their human rights due diligence obligations, conduct
comprehensive gender-sensitive human rights impact assessments, on an ex ante and
an ongoing basis, of any cooperation, with specific attention to intersecting forms of
exclusion affecting migrants, identifying human rights risks and risk mitigation
strategies, and make the results publicly available and act upon them;
(j)
Ensure that private companies involved in migration cooperation exercise
human rights due diligence in line with the Guiding Principles on Business and Human
Rights, including by identifying, preventing and mitigating adverse impacts, establish
accountability frameworks, enable access to effective remedy for victims, and suspend
or terminate cooperation where companies contribute to or are linked to abuses;
(k)
Ensure independent, effective, gender-responsive and child-sensitive
human rights monitoring of all measures preventing arrivals, outsourcing asylum
processing and removing migrants to third States, ensuring an adequate mandate,
access and resources, and meaningful follow-up to the findings of the monitoring;
(l)
Guarantee access to independent, accessible and effective complaint
mechanisms to safely and confidentially report violations and abuse in the context of
migration cooperation measures, guaranteeing access from abroad, protecting
complainants, and promptly and effectively investigating well-founded allegations and
ensuring that those responsible are brought to justice, and that victims and their
relatives have access to effective remedies, including reparation;
GE.26-06322
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