KNOW YOUR RIGHTS

This page is dedicated to empowering migrants with essential information about their rights, drawing from international agreements like the 1951 Refugee Convention, the Convention Against Torture, and the Universal Declaration of Human Rights. Here, migrants can learn about their entitlement to fundamental protections, such as the principle of non-refoulement, the right to seek asylum, and safeguards against persecution or torture. By providing clear, reliable resources, we aim to support migrants in understanding and advocating for their rights, ensuring they can navigate their journey with dignity and informed confidence.

Key Quotes and Sources:

1. 1951 Refugee Convention, Article 33(1):
   “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”

• This cornerstone principle prohibits states from returning individuals to places where they face serious harm or persecution.

2. Convention Against Torture (CAT), Article 3(1):
   “No State Party shall expel, return (‘refouler’) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

• This expands the scope of non-refoulement to include protection against torture and inhumane treatment.

3. International Covenant on Civil and Political Rights (ICCPR), Article 7:
   “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

• By implication, this principle supports the prohibition of returning individuals to countries where they may face such treatment.

4. European Convention on Human Rights (ECHR), Article 3:
   “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

• The European Court of Human Rights has repeatedly ruled that returning individuals to places where they face these risks violates this principle.

5. UNHCR Executive Committee Conclusion No. 6 (1977):
   “The fundamental principle of non-refoulement must be scrupulously observed. Non-refoulement is binding on all states, regardless of whether they are party to the 1951 Convention.”

• Reinforces the universal nature of the principle, even for states not bound by specific treaties.

6. Global Compact for Migration (GCM), Objective 21:
   “Cooperate in facilitating safe and dignified return and readmission, ensuring that the decision for return upholds the principle of non-refoulement and respects due process.”

• Highlights the need for non-refoulement even in voluntary return processes.

7. UNHCR Note on the Principle of Non-Refoulement (1997):
   “Non-refoulement is a cornerstone of asylum and of international refugee law. Its application should be broad and inclusive, extending protection to anyone who risks serious harm.”

• This interpretation ensures broad protection for undocumented migrants and asylum seekers.

Key Quotes and Sources:

1. Universal Declaration of Human Rights (UDHR), Article 8
   “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

• This guarantees all individuals, including undocumented migrants, the ability to seek legal recourse against rights violations.

2. International Covenant on Civil and Political Rights (ICCPR), Article 14
   “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, everyone shall be entitled to a fair and public hearing by a competent, independent, and impartial tribunal established by law.”

• This emphasizes non-discrimination in judicial processes, ensuring fair trials for undocumented migrants.

3. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Article 18
   “Migrant workers and members of their families shall have the right to equality with nationals of the State concerned before the courts and tribunals.”

• This treaty underscores the need for equal legal access and treatment.

4. Global Compact for Migration (GCM), Objective 7
   “Ensure access to justice for migrants by strengthening mechanisms that provide legal aid, including through partnerships with civil society and local authorities.”

• The GCM promotes practical steps for governments to improve migrants’ legal access.

5. European Convention on Human Rights (ECHR), Article 6
   “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal.”

• This applies to all people under a state’s jurisdiction, including migrants.

6. UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
   “Legal aid is an essential element of a fair, humane, and efficient criminal justice system that is based on the rule of law. It is a foundation for the enjoyment of other rights, including the right to a fair trial and access to justice.”

• This document encourages states to provide free or low-cost legal aid for vulnerable populations, including undocumented migrants.

7. Special Rapporteur on the Human Rights of Migrants, Report to the Human Rights Council
   “Undocumented migrants must have access to justice mechanisms without fear of detention or deportation when reporting violations of their rights.” Emphasizes the importance of ensuring safety and anonymity in legal claims.

Key Quotes and Sources:

1. Universal Declaration of Human Rights (UDHR), Article 5
   “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
   • Article 4 of the Universal Declaration of Human Rights (UDHR) prohibits all forms of slavery and servitude.
   • The International Labour Organization (ILO) Forced Labour Convention (No. 29) calls for the elimination of forced or compulsory labor, including practices such as human trafficking and exploitation in informal work sectors. This article guarantees protection against abuse, including mistreatment by authorities or private actors.
2. International Covenant on Civil and Political Rights (ICCPR), Articles 7 and 9
   “No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.”
   “Everyone has the right to liberty and security of person.” These provisions apply universally, emphasizing states’ obligations to protect individuals, including undocumented migrants, from exploitation and abuse.
3. International Covenant on Economic, Social, and Cultural Rights (ICESCR), Article 10
   “The widest possible protection and assistance should be accorded to the family, particularly while it is responsible for the care and education of dependent children.” This reference highlights protection for migrant families from harm, neglect, or exploitation.
4. International Labour Organization (ILO) Forced Labour Convention (No. 29)
   “States are obligated to suppress forced or compulsory labour in all its forms.” Migrants are particularly vulnerable to forced labor and trafficking, making this protection crucial.
5. UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol)
   “States must adopt measures to protect victims of trafficking, particularly women and children, and ensure their safety and dignity.” This includes protections for undocumented migrants trafficked across borders.
6. Global Compact for Migration (GCM), Objective 6
   “Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work.”States must act to prevent exploitation and ensure safe working conditions for all migrants, regardless of legal status.
7. Convention on the Rights of the Child (CRC), Article 19
   “States Parties shall take all appropriate legislative, administrative, social, and educational measures to protect the child from all forms of physical or mental violence, injury, or abuse.” This provision applies to migrant children, who are often at higher risk of exploitation.
8. Council of Europe’s Convention on Action against Trafficking in Human Beings, Article 5
   “Each Party shall take measures to establish or strengthen effective policies and programs to prevent trafficking in human beings and protect victims.” Emphasizes the duty to protect migrants from trafficking and exploitation.
9. Special Rapporteur on the Human Rights of Migrants, Report to the Human Rights Council
   “Migrants, irrespective of their status, must be protected from exploitation, abuse, and all forms of violence, both at the workplace and in society at large.”
10. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Article 16
    “Migrant workers and members of their families shall have the right to effective protection by the State against violence, physical injury, threats, and intimidation.” This treaty provides robust protections against exploitation and violence.
    • Even without legal residency, migrants are entitled to report exploitation and seek redress under domestic and international laws. Many countries provide anonymous complaint mechanisms or legal aid for vulnerable individuals.

Key Quotes and Sources:

1. Universal Declaration of Human Rights (UDHR), Article 3
   “Everyone has the right to life, liberty, and security of person.”
2. International Covenant on Civil and Political Rights (ICCPR), Article 6
   “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” States are obligated to protect individuals from violence, ensure access to justice, and address life-threatening conditions.
3. 1951 Refugee Convention, Article 33 (Non-Refoulement)
   “No Contracting State shall expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened.” This principle also provides indirect protection to undocumented migrants in situations of grave danger.
4. Global Compact for Migration (GCM), Objective 7
   “Address and reduce vulnerabilities in migration by respecting migrants’ rights to life, health, and safety, regardless of their status.” This includes ensuring safe and dignified migration pathways.
5. European Convention on Human Rights (ECHR), Article 2
   “Everyone’s right to life shall be protected by law.” European Court of Human Rights (ECtHR) has ruled that states have a duty to prevent foreseeable risks to life, including conditions faced by undocumented migrants.
6. Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, General Comment No. 2
   “Undocumented migrants should be protected from threats to life and violence, including exploitation and abuse.” States are urged to enact safeguards against trafficking, violence, and unsafe detention conditions.
7. Special Rapporteur on the Human Rights of Migrants, Report to the UN Human Rights Council
   “States must ensure that migrants are not subjected to life-threatening situations, including in detention or at borders, and are provided with essential health and safety protections.”
8. Inter-American Court of Human Rights, Advisory Opinion on Undocumented Migrants (OC-18/03)
   “Undocumented migrants must not be denied access to measures that protect their lives and personal security. The principle of non-discrimination requires that every person, irrespective of status, be treated with equal concern.”
9. Sustainable Development Goal 16 (SDG 16)
   “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable institutions.” Protection of life and security is integral to ensuring dignity for undocumented migrants.
10. International Labour Organization (ILO), Forced Labour Convention (No. 29)
    “States must take action to prevent forced labor, trafficking, and exploitative conditions that threaten life and security, particularly for migrants in vulnerable situations.”

Key Quotes and Sources:

1. Universal Declaration of Human Rights (UDHR), Article 25
   “Everyone has the right to a standard of living adequate for the health and well-being of themselves and their family, including food, clothing, housing, and medical care and necessary social services.”
2. International Covenant on Economic, Social, and Cultural Rights (ICESCR), Article 11
   “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for themselves and their family, including adequate food, clothing, and housing, and to the continuous improvement of living conditions.”
3. Committee on Economic, Social and Cultural Rights, General Comment No. 4
   “Adequate housing must be seen as the right to live somewhere in security, peace, and dignity. It must not be interpreted in a narrow or restrictive sense.” The committee also notes that housing is inadequate if it lacks basic infrastructure, exposes inhabitants to health hazards, or fails to provide security of tenure.
4. Global Compact for Safe, Orderly, and Regular Migration (GCM), Objective 15
   “Ensure that migrants, regardless of their migration status, can access basic services and that service providers are not required to report undocumented migrants to immigration authorities.”
5. Special Rapporteur on the Right to Housing, Leilani Farha
   “Housing is not a commodity. It is a human right. Housing conditions for undocumented migrants must meet basic human dignity standards and avoid contributing to further marginalization.”
6. UN Committee on Migrant Workers (CMW), General Comment No. 1
   “Undocumented migrants are entitled to protection from inhumane or degrading treatment, which includes ensuring access to safe housing and shelter during transit or upon arrival.”
7. European Committee of Social Rights, FEANTSA v. France (2010)
   The committee found that the lack of access to emergency housing for irregular migrants violated human dignity, reaffirming that emergency housing is a core component of the right to housing.
8. New Urban Agenda, Adopted at Habitat III (2016)
   “We commit to promote the realization of the right to adequate housing as a component of the right to an adequate standard of living, free from discrimination, for all people, including migrants regardless of status.”