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The economic, social and cultural rights of migrants in an irregular situation

image of The economic, social and cultural rights of migrants in an irregular situation
This publication aims to fill a significant knowledge gap on the human rights of irregular migrants. It seeks to describe barriers faced by irregular migrants in the exercise of such fundamental rights as the right to health, to education, to an adequate standard of living, to social security, and to just and favourable conditions of work, as well as trends and national policies, highlighting where possible examples of promising practice from around the world. It also draws attention to the guidance provided by international human rights law as well as related legal frameworks such as international labour law, and provides key messages on a human rights-based response to irregular migration.

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Conclusion

With very few narrowly defined exceptions, all migrants, including those in an irregular situation, have the same human rights, including economic, social and cultural rights, as anyone else; all restrictions based on their legal status must pursue a legitimate aim and be proportionate to the achievement of this aim. The tests of equality and non-discrimination apply to the treatment of migrants, including irregular migrants, as they do to others. This is the clear message of the international human rights framework.

English

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