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effective way to ensure equitable and positive migration outcomes. 3 In addition,
gender-responsive policies should not re-victimize, discriminate or stigmatize
migrants. The inclusion of a gender-responsive framework in migration governance
should not include the assumption that migrant women and girls are inherently
vulnerable, but should rather recognize their agency and strive to empower them to
claim their rights. 4
12. “Gender responsive budgeting” has been defined by a number of States and
United Nations organizations. According to UN-Women, this is a form of budgeting
that “seeks to ensure that the collection and allocation of public resources is carried
out in ways that are effective and contribute to advancing gender equality and
women’s empowerment”. It should be based on “in-depth analysis that identifies
effective interventions for implementing policies and laws that advance women ’s
rights. It provides tools to assess the different needs and contributions of men and
women, and boys and girls within the existing revenues, expenditures and allocations
and calls for adjusting budget policies to benefit all groups ”. 5
C.
International human rights framework
13. By virtue of being human beings, all migrants, regardless of their status, are
entitled to all human rights. Non-discrimination and equality before the law constitute
fundamental principles of the international human rights framework. States are
obliged to promote and protect the rights of everyone in their territory or within their
jurisdiction, including migrants, without discrimination. The obligation of States to
respect, protect and fulfil the rights of migrants applies equally to all migrants,
including migrant women and girls, regardless of their sexual orientation or gender
identity.
14. Migration is never a gender-neutral phenomenon. Since women account for
approximately half of all international migrants, it is imperative that the specific
needs and challenges of all migrants are analysed from a gender perspective, in
particular the gender inequalities prevalent in countries of origin, transit and
destination. Gender-based discrimination, which is often one of the root causes of
migration, is exacerbated through the migration process, and the conditions in which
women migrants live and work in the countries of destination. Migrant girls are
particularly vulnerable, as they may often face discrimination based on the combined
factors of their migratory status, their age and their gender. Gender-based
discrimination intersects with discrimination based on other factors, including age,
migratory status but also ethnicity, religion and race. 6
15. To comply with their obligations under international human rights law,
particularly with respect to the elimination of all forms of discrimination and the
promotion of gender equality in the area of migration governance, States should
develop gender-responsive migration policies. In this regard, the Global Compact for
Safe, Orderly and Regular Migration sets out a road map for gender-responsive
migration governance. The Global Compact is guided by the need to promote gender
equality and the empowerment of women and girls, as well as the recognition of
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3
4
5
6
19-12287
See submission of the United Nations Entity for Gender Equality and the Empowerment of
Women (UN-Women).
See submission of Alianza Americas.
UN-Women, National Committee Australia, «Gender Responsive Budgeting»
(https://unwomen.org.au/our-work/focus-areas/what-is-gender-responsive-budgeting/).
Terres des hommes, “Rights of migrant women: A child rights perspective”, Second edition,
Bridging Paper 1, January 2017 (https://www.terredeshommes.org/wp-content/uploads/2017/02/
BP-4-Rights-of-migrant-women_web3.pdf).
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