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Home > Main Library > Migration > Migrants' rights: standards and mechanisms > Migrants' rights: other relevant international and regional standards and mechanisms

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Migrants' rights: other relevant international and regional standards and mechanisms

Websites/Multiple Documents

Title: Committee on Economic, Social and Cultural Rights
Description/subject: " The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Covenant and thereafter every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”. The Committee cannot consider individual complaints, although a draft Optional Protocol to the Covenant is under consideration which could give the Committee competence in this regard. The Commission on Human Rights has established a working group to this end. However, it may be possible for another committee with competence to consider individual communications to consider issues related to economic, social and cultural rights in the context of its treaty. [Image: Young women in an adult literacy class in Makthar, Tunisia. (UN Photo #157607)] The Committee meets in Geneva and normally holds two sessions per year, consisting of a three-week plenary and a one-week pre-sessional working group. The Committee also publishes its interpretation of the provisions of the Covenant, known as general comments..."
Language: English, Francais, Espanol, Russian, Arabic, Chinese
Source/publisher: United Nations
Format/size: html
Date of entry/update: 23 May 2005


Title: Committee on the Elimination of Racial Discrimination
Description/subject: "The Committee on the Elimination of Racial Discrimination (CERD) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its State parties. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every two years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”. In addition to the reporting procedure, the Convention establishes three other mechanisms through which the Committee performs its monitoring functions: the early-warning procedure, the examination of inter-state complaints and the examination of individual complaints. [Image: A segregated beach in South Africa, 1982. (UN Photo# 151906C)]The Committee meets in Geneva and normally holds two sessions per year consisting of three weeks each. The Committee also publishes its interpretation of the content of human rights provisions, known as general recommendations (or general comments), on thematic issues and organizes thematic discussions..."
Language: English (also available in Arabic, Chinese, French, Russian and Spanish)
Source/publisher: United Nations
Format/size: html
Date of entry/update: 23 May 2005


Title: Committee on the Rights of the Child (CRC)
Description/subject: Monitors the Convention on the Rights of the Child. Receives and examines State Party reports. Search in OBL for CRC to access the various reports, statements and concluding observations when the CRC examined Myanmar's initial report.
Language: English
Source/publisher: United Nations
Format/size: html
Date of entry/update: 03 June 2003


Title: Human Rights Committee
Description/subject: This page provides information on the procedures of the Human Rights Committee, the treaty body which administers the International Covenant on Civil and Political Rights. It also has a link to the text of the Covenant.
Language: English, Francais, Espanol, Russian, Arabic, Chinese
Source/publisher: United Nations
Format/size: html
Date of entry/update: 18 August 2004


Individual Documents

Title: The rights of non-citizens: Final report - Addendum 1, "United Nations activities"
Date of publication: 26 May 2003
Description/subject: Final report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with Sub-Commission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283 Addendum United Nations activities*..."This addendum (E/CN.4/Sub.2/2003/23/Add.1) to the final report of the Special Rapporteur on the rights of non-citizens (E/CN.4/Sub.2/2003/23) supplements the 2002 addendum (E/CN.4/Sub.2/2002/25/Add.1) to the progress report of the Special Rapporteur (E/CN.4/Sub.2/2002/25) and the 2001 addendum (E/CN.4/Sub.2/2001/20/Add.1) to the preliminary report of the Special Rapporteur (E/CN.4/Sub.2/2001/20) by providing updated jurisprudence and concluding observations with respect to the rights of non-citizens. This addendum also includes a new section on the relevant jurisprudence of the Committee Against Torture. The jurisprudence and concluding observations in this addendum cover treaty-monitoring body sessions from March 2002 through March 2003..."
Author/creator: David Weissbrodt
Language: English
Source/publisher: United Nations (E/CN.4/Sub.2/2003/23/Add.1)
Format/size: pdf (87K)
Date of entry/update: 24 August 2012


Title: The rights of non-citizens: Final report - Addendum 2 - "Regional activities"
Date of publication: 26 May 2003
Description/subject: Final report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with Sub-Commission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283 Addendum Regional activities..."This addendum (E/CN.4/Sub.2/2003/23/Add.2) to the final report of the Special Rapporteur on the rights of non-citizens (E/CN.4/Sub.2/2003/23) supplements the 2002 addendum (E/CN.4/Sub.2/2002/25/Add.2) to the progress report of the Special Rapporteur (E/CN.4/Sub.2/2002/25) and the 2001 addendum (E/CN.4/Sub.2/2001/20/Add.1) to the preliminary report of the Special Rapporteur (E/CN.4/Sub.2/2001/20) by updating the expanded examination of the rights of non-citizens within regional human rights bodies. The addendum updates the jurisprudence of those regional bodies that have adopted recent decisions related to the rights of non-citizens, including the European Court of Human Rights and the Inter-American Commission on Human Rights. It also contains a new section on the European Social Committee. Finally, it again discusses the Framework Convention on National Minorities, adopted under the auspices of the Council of Europe, and include recent decision based on that instrument..."
Author/creator: David Weissbrodt
Language: English
Source/publisher: United Nations (E/CN.4/Sub.2/2003/23/Add.2)
Format/size: pdf (88K)
Date of entry/update: 24 August 2012


Title: The rights of non-citizens: Final report - Addendum 3, "Examples of practices in regard to non-citizens"
Date of publication: 26 May 2003
Description/subject: The rights of non-citizens Final report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with Sub-Commission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283 Addendum Examples of practices in regard to non-citizens..."While the main report (E/CN.4/Sub.2/2003/23) summarizes the norms that protect the rights of non-citizens, in many countries non-citizens do not actually enjoy those rights. One of the most common problems human rights treaty bodies have encountered in reviewing States' reports is that some national constitutions guarantee rights to "citizens" whereas international human rights law would – with the exception of the rights of public participation, of movement,4 and of economic rights in developing countries5 – provide rights to all persons.6 Of the countries responding to the questionnaire, however, most countries extended constitutionally protected human rights to every person7 or specifically to non-citizens.8 Other countries protect the rights of non-citizens, including refugees, by statute9 or by incorporating treaties into national law.10 Constitutions in some countries, however, inappropriately distinguish between the rights granted to persons who obtained their citizenship by birth and other citizens.11 Furthermore, the mere statement of the general principle of non-discrimination in a constitution is not a sufficient response to the requirements of human rights law..."
Author/creator: David Weissbrodt,
Language: English
Source/publisher: United Nations (E/CN.4/Sub.2/2003/23/Add.3)
Format/size: pdf (88K)
Date of entry/update: 24 August 2012


Title: The rights of non-citizens: Final report - Addendum 4, "Summary of Comments Received from U.N. Member States to Special Rapporteur's Questionnaire"
Date of publication: 26 May 2003
Description/subject: Final report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with Sub-Commission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283 Addendum Summary of Comments Received from U.N. Member States to Special Rapporteur's Questionnaire..."This Addendum IV summarizes1 the comments received from 22 Member States in response to the questionnaire prepared by the Special Rapporteur and disseminated pursuant to Commission decision 2002/107 of 25 April 2002. For reasons of expense and length it was not possible to reproduce the full text of the responses received from all Member States. Hence, this summary was prepared to express particular appreciation for the quite substantial number of responses received and to give others a sense of the substance contained in the replies. The Special Rapporteur also received responses from 7 intergovernmental organizations and 4 nongovernmental organizations, plus the Committee on the Elimination of Racial Discrimination and the United Nations Special Rapporteur on the rights of migrants.2 The Special Rapporteur on the human rights of non-citizens took into account all of the responses in preparing the final report and other addenda and is extremely grateful for all the assistance afforded in those responses..." Includes replies from Thailand and India.
Language: English
Source/publisher: United Nations (E/CN.4/Sub.2/2003/23/Add.4)
Format/size: pdf (101K)
Date of entry/update: 25 May 2005


Title: The rights of non-citizens: Final report
Date of publication: 23 May 2003
Description/subject: Final report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with Sub-Commission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283..."Based on a review of international human rights law, the Special Rapporteur has concluded that all persons should by virtue of their essential humanity enjoy all human rights unless exceptional distinctions, for example, between citizens and non-citizens, serve a legitimate State objective and are proportional to the achievement of that objective. For example, non-citizens should enjoy freedom from arbitrary killing, inhuman treatment slavery, forced labour, child labour, arbitrary arrest, unfair trial, invasions of privacy, refoulement and violations of humanitarian law. They also have the right to marry, protection as minors, peaceful association and assembly, equality, freedom of religion and belief, social, cultural, and economic rights in general, labour rights (for example, as to collective bargaining, workers� compensation, social security, appropriate working conditions and environment, etc.) and consular protection..."
Author/creator: David Weissbrodt
Language: English
Source/publisher: United Nations (E/CN.4/Sub.2/2003/23)
Format/size: pdf (83K)
Date of entry/update: 24 August 2012


Title: United Nations Convention against Transnational Organized Crime (including the protocols on trafficking and smuggling of persons)
Date of publication: 15 November 2000
Description/subject: The Convention entered into force on 29 September 2003... Annex I: United Nations Convention against Transnational Organized Crime... Annex II: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime...Annex III: Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime...Myanmar accession: 30 March 2004... The UNODC page at http://www.unodc.org/unodc/crime_cicp_convention.html contains the finalized instruments; Signatures/Ratifications; Legislative guides; Background information; Conference of the Parties.
Language: English (Arabic,Chinese, French, Russian and Spanish available)
Source/publisher: United Nations (A/RES/55/25)
Format/size: pdf, html
Alternate URLs: http://www.unodc.org/unodc/en/treaties/CTOC/index.html
Date of entry/update: 23 May 2005


Title: Convention on the Rights of the Child (CRC)
Date of publication: 20 November 1989
Description/subject: Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989; entry into force 2 September 1990. For the jurisprudence of the Convention, visit the site of CRC Committee. Myanmar accession: 15 July 1991.
Language: English, Francais, Espanol, Russian, Arabic, Chinese
Source/publisher: United Nations
Format/size: html
Date of entry/update: 03 June 2003


Title: International Covenant on Civil and Political Rights (ICCPR)
Date of publication: 16 December 1966
Description/subject: Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976.
Language: English
Source/publisher: United Nations
Format/size: html
Date of entry/update: 03 June 2003


Title: International Covenant on Economic, Social and Cultural Rights
Date of publication: 16 December 1966
Description/subject: Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966; entry into force 3 January 1976.
Language: English
Source/publisher: United Nations
Format/size: html
Date of entry/update: 03 June 2003


Title: International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Date of publication: 21 December 1965
Description/subject: Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965; entry into force 4 January 1969. For the jurisprudence under the Convention, visit the site of CERD Committee at http://www2.ohchr.org/english/bodies/cerd/
Language: English
Source/publisher: United Nations
Format/size: html
Alternate URLs: http://www2.ohchr.org/english/bodies/cerd/
Date of entry/update: 23 May 2005