Decriminalize migration

Decriminalize migration
Protect decisively the human rights of all migrants, avoiding any form of criminalization of migration, and guarantee migrants access to basic social services in education and health, including sexual health and reproductive health, where appropriate, regardless of their migration status, with special attention to highly vulnerable groups, including unaccompanied minors, displaced persons in an irregular situation, women who are victims of violence, victims of trafficking, returnees and forcibly displaced asylum-seekers.
Priority measure number
72

Comments

This measure is closely related to priority measures 67 and 73, but it distinguishes groups in situations of specific vulnerability. It should be linked with the goals and indicators for protecting asylum-seekers, refugees, displaced persons and stateless persons. It is related to chapter D, priority measure 33.

Possible lines of action

1. Adopt specific national legislation on the rights of migrants, including gender and childhood perspectives. 2. Prepare the regulations, standards and care protocols necessary for its application, especially in the case of accompanied and unaccompanied children and adolescents. 3. Prepare and implement policies and programmes to address the vulnerability of migrants in border areas, with special attention to women, children and adolescents. 4. Improve legislation to protect persons who migrate under mixed conditions, forcibly displaced persons, stateless persons, and asylum-seekers, in accordance with the provisions of intentional human rights law. 5. Comply fully with the provisions of the Brazil Declaration “A Framework for Cooperation and Regional Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean” (2014) and its principles and standards.

Related instruments, forums and mechanisms

This priority measure is covered by specific international instruments, as indicated in priority measure 67. The action plans and commitments of the Regional Conference on Migration and the South American Conference on Migration also provide backing, in particular by including countries that have not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The 2014 Brazil Declaration “A Framework for Cooperation and Regional Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean” is another important frame of reference, as it reinforces the commitments of the Cartagena+30 Process and adds elements from the international human rights framework (on refugees and humanitarian aid). In this respect, the mandates of the United Nations agencies, and in particular of the Office of the High Commissioner for Refugees (UNHCR) and the IOM are relevant.

In addition, the measure is tied to target 8.8 of the Sustainable Development Goals (“Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, particularly women migrants, and those in precarious employment”).

Topic
International migration