E/CN.4/2001/83 page 7 migrants, including obstacles and difficulties for the return of migrants who are non-documented or in an irregular situation, in conformity with her mandate contained in Commission resolution 1999/44. 17. The reference legal framework for the Special Rapporteur’s mandate is, first and foremost, the Universal Declaration of Human Rights, which forms part of customary international law. Article 2 of the Universal Declaration states that everyone is entitled to all the rights and freedoms set forth in it, without distinction of any kind, such as national or social origin, property, birth or other status. The basic human rights provided for in the Universal Declaration therefore have to be respected in the case of migrants, even those in an irregular situation. 18. Articles 3 and 5 of the Universal Declaration of Human Rights should enable us to take action to bring to justice any persons who commit violations of the human rights of migrants, such as violations of the right to life or subjection to cruel, inhuman or degrading treatment or punishment. 19. Article 6 of the Declaration provides that everyone has the right to recognition everywhere as a person before the law and article 8 states that everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted by the Constitution or by law. These articles should make it possible to offer migrants the legal and administrative means of ensuring that they have a stable and legal residence and access to the necessary documents to avoid marginalization. 20. According to article 7 of the Declaration, all are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of the Declaration and against any incitement to such discrimination. Articles 9 to 12 are of particular interest in connection with the topic under consideration. 21. Articles 13 to 16 are also particularly relevant to migration. Article 13 proclaims the principle of freedom of movement. Article 14 guarantees the right to seek asylum and article 15 guarantees the right to a nationality. Article 16 states that the family is the natural and fundamental group unit of society and is entitled to protection. This article is particularly significant in cases of the migration of family units. 22. Articles 22, 23, 25, 26 and 27 ensure that persons affected by globalization, which has given migratory flows new characteristics, are protected in terms of rights wherever they may be and that they are not subjected to economic conditions of deprivation, social exclusion or marginalization. 23. The International Covenant on Civil and Political Rights, which has, at the time of writing of the present report, been ratified by 147 States, provides for a set of basic rights that are relevant to the matter of concern to us. Article 2, paragraph 1, of the Covenant requires States to guarantee the rights recognized in the Covenant to all individuals within their territory and subject to their jurisdiction. This article contains a broad provision against discrimination based on national or social origin, birth and other social status and article 26 provides for specific