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(e) To take into account a gender perspective when requesting and analyzing information, as well as to give special attention to the occurrence of multiple discrimination and violence against migrant women;

 

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Special Rapporteur of the Commission on Human Rights on the human rights of migrants
Introduction

The mandate of the Special Rapporteur on the Human Rights of Migrants was created in 1999 by the Commission on Human Rights, pursuant to resolution 1999/44 .
The mandate was extended for a further three years by the Commission on Human Rights in 2005, at its 62nd session (Res. 2005/47).

The Commission requested the Special Rapporteur to “examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, including obstacles and difficulties for the return of migrants who are undocumented or in an irregular situation”. The mandate of the Special Rapporteur covers all countries, irrespective of whether a State has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, of 18 December 1990.

The Special Rapporteur does not require the exhaustion of domestic remedies to act. When the facts in question come within the scope of more than one mandate established by the Commission, the Special Rapporteur may decide to approach other thematic mechanisms and country Rapporteurs with a view to sending joint communications or seeking joint missions.

The main functions of the Special Rapporteur are:

(a) To request and receive information from all relevant sources, including migrants themselves, on violations of the human rights of migrants and their families;

(b) To formulate appropriate recommendations to prevent and remedy violations of the human rights of migrants, wherever they may occur;

(c) To promote the effective application of relevant international norms and standards on the issue;

(d) To recommend actions and measures applicable at the national, regional and international levels to eliminate violations of the human rights of migrants;

(e) To take into account a gender perspective when requesting and analyzing information, as well as to give special attention to the occurrence of multiple discrimination and violence against migrant women;

In the discharge of these functions:

(a) The Special Rapporteur acts on information submitted to him regarding alleged violations of the human rights of migrants by sending urgent appeals and communications to concerned Governments to clarify and/or bring to their attention these cases. See Communications.

(b) The Special Rapporteur conducts country visits (also called fact-finding missions) upon the invitation of the Government, in order to examine the state of protection of the human rights of migrants in the given country. The Special Rapporteur submits a report of the visit to the Human Rights Council, presenting his findings, conclusions and recommendations. See Country Visits.

(c) The Special Rapporteur participates in conferences, seminars and panels on issues relating to the human rights of migrants.

(d) Annually, the Special Rapporteur, reports to the Human Rights Council about the global state of protection of migrants’ human rights, his main concerns and the good practices he has observed. In his report, the Special Rapporteur informs the Council of all the communications he has sent and the replies received from Governments. Furthermore, the Special Rapporteur formulates specific recommendations with a view to enhancing the protection of the human rights of migrants. Upon request of the Human Rights Council the Special Rapporteur may also present reports to the General Assembly. See Annual Reports.

Special Rapporteurs :

Mr. Jorge.A. Bustamante (Mexico), August 2005-present (Res. 2005/47)
Ms. Gabriela Rodríguez Pizarro (Costa Rica), 1999-2005





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