A/73/178/Rev.1
70. Sex workers, whose line of work is criminalized as well as stigmatized,
constitute another group of migrant women who face particular difficulties in gaining
access to justice. Furthermore, laws and policies to combat trafficking in pers ons are
often used to identify, detain and deport undocumented migrants without providing
them with either assistance or compensation. 74
IV. Conclusions and recommendations
71. Under international law, States have a duty to protect migrants at all stages
of the migratory process and to provide them with access to justice to obtain
redress for any discriminatory treatment or human rights violations that they
experience. Effective access to justice includes as guarantees of due process the
right to legal aid and legal representation, the right to information and to an
interpreter, the right to consular assistance, and access to remedies and redress.
In addition, firewall protections are essential mechanisms that allow migrants to
exercise their human rights without fear of being reported to the immigration
authorities.
72. In practice, however, migrants face a multitude of barriers that restrict or
impede their effective access to justice. This is due in large part to the fact that
migration laws, policies and practices are focused on security and the deterrence
and criminalization of irregular migration, which has a negative impact on the
human rights of migrants. The worrying trend of detaining immigrants as a
border management tool is a clear example of a practice that hinders their
effective access to justice.
73. In the New York Declaration for Refugees and Migrants, States committed
to combating discrimination against refugees and migrants and to take measures
to improve their integration and inclusion, with particular reference to,
inter alia, access to justice. The guiding principles set out in the final draft of the
Global Compact for Safe, Orderly and Regular Migration agreed by States on
13 July 2018, which are fundamental to managing migration, include respect for
the rule of law, due process and access to justice. Accordingly, States have
committed to investing in programmes that facilitate access to justice, providing
legal information and guidance to enable migrants to file complaints in cases of
violations of their human rights, facilitating access to justice for victims of
trafficking, and providing access to justice for all migrants subject to detention
in transit and destination countries.
74. Furthermore, target 16.3 of the 2030 Agenda for Sustainable Development
refers to promoting the rule of law and ensuring equal access to justice for all,
which includes migrants. In this regard, the Special Rapporteur reiterates the
importance of developing a 2035 agenda for facilitating human mobility, as
proposed by his predecessor, 75 which would also serve as a reference for the
implementation of the Global Compact on Safe, Orderly and Regular Migration.
In particular, goal 5 of the agenda for facilitating human mobility refers to
providing effective access to justice for all migrants.
75.
In order to provide effective access to justice for all migrants, States should:
(a) Ensure equal access for migrants and provide them with reliable legal
information, competent and affordable legal representation, effective legal aid,
and competent translation and interpretation services; waive legal fees for all
migrants who cannot afford them; and protect migrants by regularizing their
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18/20
Submission by Global Alliance Against Traffic in Women.
A/72/173.
18-15902