NOTE UNITED NATIONS ALL WORLDWIDE RIGHTS RESERVED Photo credits: All images United Nations / OHCHR.

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2 NOTE The designatins emplyed and the presentatin f the material in this reprt d nt imply the expressin f any pinin whatsever n the part f the Secretariat f the United Natins cncerning the legal status f any cuntry, territry, city r area, r f its authrities, r cncerning the delimitatin f its frntiers r bundaries. Symbls f United Natins dcuments are cmpsed f capital letters cmbined with figures. Mentin f such a figure indicates a reference t a United Natins dcument UNITED NATIONS ALL WORLDWIDE RIGHTS RESERVED Pht credits: All images United Natins / OHCHR.

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6 During 2016, the High Cmmissiner dispatched small teams f his staff t transit and brder lcatins in Greece, Italy, Bulgaria, the frmer Yugslav Republic f Macednia and France in rder t mnitr and identify the human rights challenges and prtectin gaps faced by migrants, 1 with a view t better assisting States in implementing human rights-based migratin gvernance measures. The High Cmmissiner appreciates the willingness f the abvementined cuntries t receive the teams, and extends his gratitude fr their supprt and cperatin during the missins. 1 Fr the purpses f this reprt, migrant is used as a neutral umbrella term t cver the categries f refugee and asylum seeker, as well as internatinal migrants in an irregular situatin, trafficked persns, smuggled migrants, and ther categries f nn-citizens, unless specified therwise. In the absence f a universal legal definitin, OHCHR defines an internatinal migrant as any persn wh is utside a State f which he r she is a citizen r natinal, r, in the case f a stateless persn, his r her State f birth r habitual residence. This reprt details the cmmn cncerns identified thrughut the cuntries visited, drawing n the findings f these missins. While acknwledging that since the cuntry visits a number f laws and ther measures have been adpted with the aim f imprving the situatin f migrants in the varius cuntries, the findings in this reprt are limited t the specific situatin fund in the cuntries at the time f the visit. The missins fcused n key brder and transit lcatins in Eurpe in 2016 and, recgnizing that several ther cuntries in Eurpe als received large numbers f migrants in the curse f that year, this analysis des nt claim t be an exhaustive assessment f the situatin acrss the regin. The aim f this reprt is t highlight hw certain laws, plicies and practices related t migratin and asylum have cmpunded situatins f vulnerability, prevented individuals frm accessing

7 prtectin and created barriers t migrants full enjyment f their human rights. The teams fund that the vast majrity f migrants were in a vulnerable situatin due t experiences they had encuntered in their cuntries f rigin, during their jurneys and upn receptin, and/r due t a particular aspect f their identity r circumstance (e.g. being a child, a wman at risk, persns with disabilities, sexual rientatin and gender identity, minrity r ther status). Yet States ften seemed unable t adequately identify migrants in vulnerable situatins and prvide apprpriate prtectin. The main areas f human rights cncerns that are highlighted in this reprt include, (1) criminalizatin, return and detentin; (2) the lack f adherence t due prcess and fair trial guarantees; (3) difficulties faced by migrants in accessing services, including health, infrmatin, and legal assistance; (4) the lack f adequate child prtectin systems; and (5) the cnditins in the facilities, camps and ther lcatins where migrants were staying. The teams als bserved increasing xenphbia, incitement t hatred, and vilence against migrants withut access t justice and remedies; and weak framewrks fr independent human rights mnitring. The teams acknwledge that these migratry mvements tk many parts f Eurpe by surprise, particularly in 2015 when increased numbers f migrants arrived via the Eastern Mediterranean and Balkan land rute and the cntinuus high numbers f arrivals t Italy via the Central Mediterranean rute. The teams appreciate that measures t respnd t the prtectin needs f migrants were nt always readily in place and had t be built prgressively. Hwever, the reprt cncludes that in their respnses, States t ften relied n an emergency and security-fcused apprach t migratin gvernance ver ne that was primarily migrant-centred and human rights-based. The systems in place at the time f the visits frequently did nt prvide migratin respnses that were sufficiently sensitive t the human rights prtectin needs f the migrants wh were seeking safety and dignity in Eurpe, leading t a number f prtectin gaps. In additin, the teams fund that the lack f adherence f particular migratin measures t minimum standards under internatinal human rights law invariably had a knck-n effect, leading t negative impacts n a range f interrelated human rights. The recmmendatins in this reprt are directed at the States visited as well as the Eurpean Unin (EU) institutins as applicable and seek t prvide nrm-based and practical guidance n ensuring human rights-based migratin and asylum gvernance measures under the premise that respecting, prmting and prtecting the human rights f all migrants, regardless f their natinality, migratin status r ther circumstances, facilitates effective migratin gvernance. 2 While the recmmendatins are made in relatin t cmmn cncerns identified during the missins, the Office f the United Natins High Cmmissiner fr Human Rights (OHCHR) stands ready t prvide specific, tailred advice cncerning each cuntry situatin thrugh its cntinued dialgue with the relevant States and the EU. Fr this reasn, where pssible, the reprt identifies preliminary pprtunities fr technical assistance and increased advcacy with the EU and Member States, United Natins (UN) partners, civil sciety rganizatins and natinal human rights institutins and mbudspersns. 2 The recmmendatins are drawn frm the framewrk f internatinal human rights laws and standards, with key guidance prvided by OHCHR s Recmmended Principles and Guidelines n Human Rights at Internatinal Brders (2014) and the Reprt f the United Natins High Cmmissiner fr Human Rights t the Human Rights Cuncil and accmpanying Cnference Rm Paper n the Principles and Practical Guidance n the Prtectin f the Human Rights f Migrants in Vulnerable Situatins (A/HRC/34/31 and A/HRC/34/CRP.1).

8 Between 2015 and 2016, ver ne millin migrants arrived in Eurpe by dangerus land and sea rutes. Almst 9,000 wmen, men and children lst their lives in the Mediterranean alne during These stark figures reflect a human tragedy n a massive scale, with children and ther vulnerable grups making up an increasing prprtin f thse arriving. OHCHR, which is mandated t prmte and prtect the enjyment and full realizatin by all peple f all rights, has a crucial rle in identifying key human rights issues with a particular fcus n thse individuals wh are mst vulnerable, excluded and marginalized. OHCHR can als ffer practical guidance and assistance t States in designing and implementing human rights-based respnses. In respnse t the increasing cncerns surrunding the prtectin f the human rights f migrants at brders and in transit in Eurpe, the High Cmmissiner decided in March 2016 t dispatch his staff n missins t a limited set f Eurpean brder lcatins t mnitr and identify the human rights challenges and prtectin gaps faced by migrants in these lcatins. Visits were cnducted t Greece (18 22 April 2016); Italy (27 June 1 July 2016); Bulgaria (25 29 July 2016); the frmer Yugslav Republic f Macednia (4 7 September 2016), and France (16 19 Nvember 2016). The teams fcused n assessing the situatin f migrants within brder gvernance measures. The cuntries visited represented 3 The statistics include deaths n the Eastern, Central and Western Mediterranean rutes, see: key entry and transit lcatins in Eurpe in 2016, althugh several ther cuntries in Eurpe als received large numbers f migrants in the curse f that year therefre, this analysis cannt claim t be an exhaustive assessment f the situatin acrss the regin. The teams were guided by the framewrk f internatinal human rights laws and standards and in this regard, key guidance was prvided by OHCHR s Recmmended Principles and Guidelines n Human Rights at Internatinal Brders (2014). 4 Albeit nt exclusively, the teams fcused n migrants wh may nt qualify fr refugee prtectin but wh are nnetheless in vulnerable situatins. 5 The primary bjective f the missins was t identify prtectin gaps, such as in the cntext f first assistance and identificatin. The missins als had a strng fcus n issues related t child prtectin, as well as genderrelated cncerns and cnsideratins. The findings cntained in this reprt are based n infrmatin gathered by the human rights mnitring missins cnducted t the abve-mentined cuntries thrughut The recmmendatins prvide practical guidance t the States visited and EU institutins as applicable. During the visits, the missin teams met with relevant natinal and lcal gvernment authrities, EU fficials, service prviders and staff f the varius facilities visited. Meetings were als held with UN partners, civil sciety rganizatins, mbudspersns and ther 4 See: s.aspx. 5 See A/HRC/33/67. 6 Press statements, vide-clips and/r human-interest pieces were variusly issued subsequent t the missins t raise awareness f the human rights barriers faced by migrants and t advcate fr the implementatin f human rights-based migratin respnses. See Annex III.

9 natinal human rights institutins. 7 The teams held interviews with migrants during their visits t immigratin detentin centres and receptin facilities, including htspts, as well as shelters fr unaccmpanied and separated children, and frmal and infrmal camps. 8 The findings and recmmendatins f each missin were discussed in sme depth with the natinal authrities fllwing the missin, with a view t ffering practical guidance and technical assistance t imprve States implementatin f their bligatins twards migrants under internatinal human rights law. 7 See Annex I fr list f stakehlders met. 8 See Annex II fr list f facilities and camps visited.

10 During 2016, the main rutes used by migrants t reach Eurpe were by sea crssing frm Turkey t Greece r by land frm Turkey t Bulgaria (the Eastern Mediterranean and Balkan land rute) and by sea crssing frm Nrth Africa t Italy r Malta (Central Mediterranean rute). Within Eurpe, migrants have established several transit pathways twards cuntries r lcatins f intended destinatin. During 2015, increased numbers f migrants began arriving via Turkey acrss the Eastern Mediterranean rute t Greece r Bulgaria and travelling nrth thereafter, alng the scalled Balkan land rute which transited thrugh Austria, Cratia, Hungary, Serbia, Slvenia and the frmer Yugslav Republic f Macednia. A series f decisins in early 2016, such as the EU-Turkey statement, the Jint Statement f Heads f Plice Services, the clsure f land brders and the erectin f fences, led t the near-clsure f the Balkan land rute and the Eastern Mediterranean rute, leading t a 79 per cent decrease in persns arriving thrughut 2016 and ver 75,000 persns stranded in varius cuntries alng the rute. 9 Over 400 migrant wmen, men and children lst their lives n the Eastern Mediterranean rute in The EU-Turkey statement was cncluded n 18 March 2016 with the aim f reducing arrivals frm Turkey t Greece, with the understanding that Turkey can be cnsidered a safe third cuntry r first cuntry f asylum. It cmmitted Turkey t accept the return f all migrants wh transited that cuntry and crssed by sea t the Greek Aegean islands. The EU cmmitted t prvide 6 billin eurs in aid t Turkey, engage n visa liberalizatin fr Turkish citizens, and revive negtiatins fr Turkish accessin t the EU. The statement als prvided fr the resettlement f ne Syrian refugee frm Turkey fr each Syrian returned t Turkey under the statement. Over the curse f 2016, the numbers f arrivals frm Turkey t the Greek islands decreased significantly, but did nt stp altgether (with a marked increase being reprted after the attempted cup in Turkey in June 2016). 11 In additin, the Jint Statement f Heads f Plice Services, an agreement between the heads f plice services f Austria, Cratia, the frmer Yugslav Republic f Macednia, Serbia and Slvenia was adpted in February The agreement fresaw increased cperatin, including in relatin t security measures, refusals f entry at brders, as well as transfers and expulsins. 95 per cent f migrants travelling n this rute in 2016 were frm Syria, Afghanistan, Iraq, Pakistan, and Iran per cent were children and 21 per cent wmen. On the Central Mediterranean rute, ver 180,000 migrants crssing frm Libya were rescued and disembarked in Italy thrughut 9 See, 10 See, and 11 See enlargement/sites/near/files/ th_reprt_n_the_prgress_made_in_the_implementatin_f_ the_eu-turkey_statement_en_0.pdf. 12 See,

11 2016. Smaller numbers f migrants embarked n the sea crssing frm Egypt, Tunisia and ther lcatins. Accrding t IOM statistics, this mvement represents a 7 per cent increase frm 2014 and a 19 per cent increase cmpared t Migrants travelling n this rute in 2016 came frm ver 60 different cuntries, mainly frm West Africa and the Hrn f Africa. 16 per cent were children and 13 per cent wmen. 14 Despite the effrts f Eurpean Unin peratins such as Sphia and Tritn, the ships f individual Eurpean States such as the Italian Cast Guard, nn-gvernmental rganizatins, and merchant ships t rescue migrants embarking n the risky sea jurney, 2016 has prven the deadliest year s far n this rute, with at least 4,410 migrants lsing their lives at sea, a staggering 50 per cent increase frm the 2,892 deaths recrded the preceding year. 15 The Calais Jungle camp was fficially dismantled in Octber 2016 and, accrding t the Ministry f Interir f France, apprximately 6,000 migrants ut f the 10,000 inhabitants were transferred t 450 receptin centres acrss France. In additin, varius infrmal and semi-infrmal settlements in Nrthern France cntinue t prvide shelter t migrants. Numerus migrants have died trying t bard lrries r mving trains in rder t crss the Channel tunnel. 13 See, 14 See, 15 See, and In Italy and Greece, s-called htspts were established within the framewrk f the EU Agenda n Migratin in rder t ensure the swift identificatin, registratin and fingerprinting f migrants arriving n their shres with the supprt f EU agencies, t immediately channel asylum seekers int an asylum prcedure and t crdinate the return f irregular migrants. 16 Other elements f the apprach include the prvisin f emergency health assistance and infrmatin fr the arriving migrants. The htspt apprach was als designed t cntribute t the implementatin f the temprary relcatin schemes f 160,000 asylum seekers frm Italy and Greece, 17 which wuld apply t thse natinalities with a 75 per cent r higher rate f recgnitin f refugee status, based n an EU average (as reflected quarterly by Eurstat) See EU Cuncil cnclusins f 25 and 26 June 2015, as well as Decisins are legally binding fr thse t whm they are addressed. In May and September 2015, the Eurpean Cuncil adpted decisins n a temprary and exceptinal basis fr a perid f tw years, n the relcatin f 160,000 asylum seekers frm Italy and Greece. These decisins were intended t give meaning t the EU principle f slidarity and fair sharing f respnsibility in the area f brder checks, asylum and migratin, further t article 80 f the Treaty n the Functining f the Eurpean Unin. The prcedure wuld apply t thse persns wh have applied fr internatinal refugee prtectin in either Italy r Greece, and the asylum applicatin wuld then be prcessed in the Member State f relcatin. 18 Accrding t EASO, in July 2016, the fllwing natinalities were eligible fr relcatin: Syria, Eritrea, Central African Republic, Seychelles, Dminica, Bahrain, Las and Saudi Arabia r a stateless persn previusly residing in ne f these cuntries. As f December 2016, the natinalities included: Syria, Eritrea, Burundi, Mzambique, Bahrain, Bhutan, Qatar and Yemen r a stateless persn previusly residing in ne f these cuntries.

12 Fcusing n the laws, plicies and practices relating t the treatment f migrants in transit and at brders in the five cuntries visited, the teams dcumented a set f key cmmn human rights cncerns, which unveil a pattern f particular prtectin gaps and barriers faced by migrants wh are in transit and/r at internatinal brders. These cncerns have been identified n the basis f applicable standards f internatinal human rights law. Mre cncretely, they relate t criminalizatin f irregular entry r stay; prcedures related t the prhibitin f arbitrary r cllective expulsin and nn-refulement; identificatin f vulnerabilities; access t services; the right t infrmatin; the rights t liberty, due prcess and fair trial; cnditins in detentin; cnditins in settlements, camps r ther lcatins; the prtectin f children; xenphbia, incitement t hatred, and vilence against migrants; and human rights mnitring. 19 Internatinal human rights standards include internatinal treaties, general cmments r recmmendatins, cncluding bservatins and the views f treaty bdies, as well as ther sft law instruments including declaratins, and reslutins. 20 Reprt f the Special Rapprteur n the Human Rights f Migrants, 2 April 2012, A/HRC/20/24, para. 13; Reprt f the Wrking Grup n Arbitrary Detentin, 10 January 2008, A/HRC/7/4, para. 53; Reprt f the Wrking Grup n Arbitrary Detentin, A/HRC/13/30, 18 January 2010, para. 58; the United Natins Cmmittee n Migrant Wrkers, General Cmment N. 2, para. 24, the Office ntes that while internatinal human rights standards are cmprised f the entire bdy f relevant internatinal treaties, general cmments r recmmendatins, cncluding bservatins and the views f treaty bdies, as well as ther sft law instruments, the cuntries visited have nt ratified the Internatinal Cnventin n the Prtectin f the Rights f All Migrant Wrkers and Members f Their Families. 21 The New Yrk Declaratin fr Refugees and Migrants was adpted at the UN General Assembly high-level summit t address large mvements f refugees and migrants n 19 September In the New Yrk Declaratin, Member States unanimusly reaffirmed their cmmitment t fully prtect the human rights f all refugees and migrants as rights-hlders, regardless f their status, and t devise cmprehensive respnses that will demnstrate full respect fr internatinal human rights law and ther relevant standards. While the New Yrk Declaratin was adpted after the missins t Greece, Italy, Bulgaria and the frmer Yugslav Republic f Macednia, it reflects States cntinued cmmitment t the cre internatinal human rights treaties in relatin t their migratin gvernance measures. 22 New Yrk Declaratin, para Open letter frm the United Natins High Cmmissiner fr Human Rights n prtecting the human rights f migrants and refugees in large mvements, 14 September Available at:

13 The impact f criminalizatin f irregular entry and stay n the rights f migrants was dcumented thrughut the missins, where, in all cuntries visited, irregular entry and stay is punishable with penalties impsed n migrants amunting t imprisnment and/r a fine. The Office welcmes the partial decriminalizatin f irregular entry in Italy in While sme cuntries have decriminalized the first registered irregular entry r stay, they have als put in place criminal ffences with high penalties fr repeated ffences. As there is in general a lack f sufficient avenues fr regularizatin in the cuntries f destinatin, migrants are bund t fall int the repeated irregular migratin categry if they have, fr instance, been issued a deprtatin ntice r expulsin rder but culd nt be returned t the cuntry f rigin r sent t anther state fr varius reasns. The teams bserved that such criminalizatin has led t increased detentin, and were cncerned abut the prsecutin and imprisnment f migrants in an irregular Criminalizatin may place individuals at a higher risk f suffering abuse and explitatin, benefits the business f smugglers, and deprives migrants frm accessing services and justice fr crimes and human rights vilatins cmmitted against them, as they fear deprtatin r imprisnment. The missin heard frm migrants in transit abut the impact f having t live clandestine lives. Prblems included being subjected t vilence frm certain plice authrities because migrants were t afraid t reprt situatin and their treatment in detentin. This included lack f access t legal aid, infrmatin, incnsistent access t medical care, and being held alngside freign criminal ffenders. In Bulgaria fr example, migrants had been prsecuted fr irregular brder crssing and sme were serving sentences f ne year r mre in Sfia Central Prisn, in additin t the time spent in administrative detentin. There were als cncerns that a criminal recrd wuld in practice make it extremely unlikely fr an individual t be recgnized as a refugee, shuld they apply r reapply fr asylum. The teams als bserved that criminalizatin leads t a security-fcused apprach, including ver-securitizatin f brders and ther measures that fail t prvide adequate prtectin t migrants, as is highlighted in this reprt. Such physical and prcedural barriers prevented individuals frm being invlved in decisins affecting them, and/r reuniting with their families, which had a particularly negative impact n unaccmpanied children. their cnduct, and nt being able t access adequate medical care (particularly fr chrnic illnesses) in infrmal settlements r alng their jurney. Furthermre, criminalizatin feeds antimigrant public perceptin and sentiments, which can result in increased intlerance, incitement t hatred and attacks against migrants. All these are reprted t have increased in the lcatins visited (see belw).

14 The criminalizatin f migrants in an irregular situatin exceeds the legitimate interest f States t cntrl and regulate irregular migratin and als results in multiple negative human rights impacts. States shuld: Decriminalize irregular migratin by amending legislatin t ensure that leaving, entering and/r staying in a cuntry irregularly is nt cnsidered a criminal ffence. Any administrative sanctins applied shuld be prprtinate, necessary and reasnable. In rder t decrease the number f migrants in an irregular situatin and t address the needs and rights f migrants effectively, develp plicies and avenues t regularize the status f migrants, in particular fr migrants in a situatin f vulnerability and thse individuals wh are prtected frm return under internatinal human rights law. Grant temprary residence status r ther temprary prtected status t any migrants wh cannt be returned, including thse wh are refused admissin int the territry f their cuntry f rigin r habitual residence, r fr whm there are practical bstacles t returning t their cuntry f rigin r residence. Prevent indefinite r prtracted detentin f any migrants wh cannt be returned and prtect them against redetentin. Prhibit brder gvernance measures that cause r risk human rights abuses and avid the securitizatin f migratin plicies and the externalizatin f brder cntrl.

15 24 ICCPR, art. 13; ICRMW, art. 22(1); CERD, General Recmmendatin N. 30, CERD/C/64/Misc.11/rev.3 (2002), para. 26; Prtcl 4 t the ECHR, art. 4 f; see als Intervener Brief filed by the United Natins High Cmmissiner fr Human Rights pursuant t leave granted by the Eurpean Curt f Human Rights n 9 Octber 2015 in N.D. and N.T. v. Spain, Applicatin Ns. 8675/15 and 8697/15, in particular para. 19. Available at: 25 Cnventin against Trture and Other Cruel, Inhuman r Degrading Treatment f Punishment (CAT), art. 3; Internatinal Cvenant n Civil and Plitical Rights (ICCPR), art. 7, see Human Rights Cmmittee, General Cmment 31, UN Dc. CCPR/C/21/Rev.1/Add.13 (2004), para. 12; in the case f refugees, 1951 Cnventin relating t the Status f Refugees, art Paras. 24 and 58.

16 The teams fund that in sme cases the safeguards designed t prevent vilatins f the principle f nn-refulement and the prhibitin f arbitrary and cllective expulsins were either absent, weak r nt adhered t in practice. Fr example, in sme f the cuntries visited, individuals wh did nt express their wish t seek asylum were reprtedly nt affrded an individual assessment t determine whether reasns such as a risk f trture r ther serius human rights vilatins wuld prhibit their return. Remval rders rarely cntained the individualized assessment, reasning r decisin. In sme cuntries, migrants were nt prvided with infrmatin r legal assistance in rder t appeal the remval rder, and time limits t appeal were in sme cases very shrt (in ne cuntry, the 48-hur limit t appeal included weekends, rendering the right ineffective). Where a challenge may have taken place, there was n autmatic suspensive effect f the deprtatin rder. Migrants in several cuntries visited reprted having signed dcuments they culd nt understand because translatin int a language they understd was nt prvided. In thse cuntries perating htspts, the missins bserved hw the EU s htspts and emergency relcatin scheme resulted in priritizing the determinatin f migrants natinality in rder t channel particular natinalities twards the asylum system. Cmbined with the necessity t carry ut all prcedures swiftly, including the return f individuals nt in need f prtectin, the teams fund that the prcess f determining and separating individuals presented a real risk that the refugee prtectin needs f individuals f a natinality with lw asylum recgnitin rates, thse nt falling within the relcatin scheme, r indeed thse wh had brader human rights prtectin needs may be verlked. In Greece, the teams bserved an implicit hierarchy f natinalities in the htspts, which led in sme instances t increasing tensins amngst migrants f different cuntries f rigin, and cncerns abut discriminatin and prfiling based n natinality. In cuntries alng the Balkan land rute, the prgressive clsure f pssibilities fr transit during 2016 led t a significant ramping up f arbitrary and cllective expulsins by authrities utside any judicial r ther frmal prcess, including a lack f registratin f thse infrmally handed ver r pushed back. Dcumented cases f such expulsins number in the thusands but culd be much higher. Many expulsins invlved vilence and sme resulted in death r serius injury. In the frmer Yugslav Republic f Macednia, reprts indicated that nly migrants in bvius vulnerable situatins, such as wmen wh were bviusly pregnant r thse wh were sick r travelling with children, were nt deprted r expelled. Such migratin management measures amunt t arbitrary expulsins, which are cntrary t internatinal and natinal law and undermine effrts t effectively prtect migrants human rights. They can further create distrust and disincentives fr migrants t register their presence r cperate with existing prcedures.

17 All returns, deprtatins, remvals and readmissins shuld be carried ut with full respect fr the human rights f migrants and in accrdance with internatinal law. In rder t cmply with the relevant standards, Prhibit push-backs r dangerus interceptin measures in areas where they exercise jurisdictin r effective cntrl, including at brder areas and n the high seas. Cnduct individual assessments, which allw fr enugh time and t btain an indepth substantive understanding f each migrant s situatin, rights and the risks that she r he might face upn remval, in particular the risk f trture r ther serius human rights vilatins. Qualified persnnel shuld be hired t cnduct such assessments in a sensitive manner. including uphlding the principle f nnrefulement, the prhibitin f arbitrary r cllective expulsin, the right t private and family life, the best interests f the child, the right t seek asylum and the right t nndiscriminatin, States shuld: Relevant EU plicies shuld supprt Member States in this regard. Ensure that adequate prcedural safeguards are made available t migrants regarding deprtatin decisins, including the prvisin f justificatin fr a remval rder in writing in a language and frmat the migrant can understand, the prvisin f infrmatin n the remedies available, legal assistance and time t challenge the decisin, and autmatic suspensive effect f a remval rder until the case has been determined.

18 27 ICCPR, art. 2; ICESCR, art. 2; Human Rights Cmmittee, General Cmment 31, UN Dc. CCPR/C/21/Rev.1/Add. 13 (2004), para Fr example, persns with particular health requirements, such as victims f trauma, must be affrded adequate physical and mental health care and services, in accrdance with the right t the highest attainable standard f health. Survivrs f trture r sexual and gender-based vilence, victims f trafficking, children, persns with disabilities and ther individuals at risk must be identified prmptly and affrded respnses sensitive t their prtectin needs. 29 Paras. 23 and 61.

19 Thrugh interviews with dctrs, psychlgists, ther service prviders and stakehlders, and migrants, the teams fund that the vast majrity f migrants were in a vulnerable situatin. This was due t the circumstances they had left in their cuntry f rigin, and/r the experiences and situatins they faced during their jurneys and upn arrival. These vulnerable situatins were smetimes cmpunded by issues such as the experience f persistent discriminatin, r due t their age r gender. The teams spke with children; survivrs f trauma; victims f frced labur, trture, arbitrary detentin, gender-based vilence, including rape and ther frms f sexual vilence; pregnant wmen; ptential victims f trafficking; lder persns and persns with disabilities. Fr many, this was the first time they had been asked t tell their stry. The missin spke t many migrants with clear mental healthcare needs resulting frm their difficult jurneys, including thse wh had lst relatives and lved nes in transit, and unaccmpanied and separated children wh had been traumatized by dangerus brder crssings n land and sea. They had nt spken t a qualified mental healthcare prfessinal r received psychscial care and assistance since they had arrived. Apart frm migrants with critical medical cnditins, very few migrants were affrded immediate assistance and special medical attentin and referrals. The prcess f identificatin was largely based upn visibly identifiable vulnerabilities, i.e. visibly pregnant wmen and persns with visibly apparent disabilities were able t access necessary supprt, while wmen wh were in the early stages f their pregnancy, persns with psychscial disabilities, and survivrs f trauma r sexual and gender-based vilence wh did nt have easily visible scars and were hesitant t self-identify, were ften nt. Many reprted that the authrities questins ften had the sle bjective f establishing a pssible asylum claim and in sme cuntries were undertaken with haste and with little meaningful infrmatin made available t migrants. In additin, the teams bserved that identificatin prcedures were nt carried ut cnsistently in all cuntries r facilities and there was a lack f established prcedures and/r guidance n applicable standards. The teams thus fund that mechanisms t identify migrants in vulnerable situatins were predminantly inadequate. An additinal bstacle t carrying ut adequate vulnerability screenings was a scarcity f trained staff dedicated t cnduct vulnerability screenings and assessments and t respnd apprpriately t prtectin needs. The teams fund that in many cases insufficient numbers f qualified staff resulted in a lack f adequate physical and mental health care, including psychscial assistance and cunselling and accessible sexual and reprductive health services (e.g. emergency cntraceptin and abrtin services, maternal health care). Furthermre, this led t health care staff wrking lng shifts, placing a strain n their wn health. The teams did nte psitively hw certain facilities in Italy had cperatin agreements with medical vlunteers in rder t lessen the wrklad fr state-funded dctrs and prvide increased services fr migrants, althugh thse dctrs still nted their inability t ensure access fr all wh may be in need. The teams als bserved that the perceived temprary nature f migrants stays in the facilities meant that respnsibility fr carrying ut in-depth cnsultatins was relegated t a subsequent facility, even when migrants including unaccmpanied and separated children remained in these places fr weeks. The teams were further cncerned that in sme cuntries, migrants medical recrds did nt

20 fllw them when they were transferred t ther facilities. Given the evident needs, including fr physical and mental health care and services, the failure t priritize the identificatin and prvisin f an adequate respnse t these prtectin needs in migratin receptin systems undermines a human rights-based and migrant-centred respnse and may exacerbate r cause vulnerabilities. T ensure migrants in vulnerable situatins are identified and have access t services and prtectin measures that are sensitive t their needs, States shuld: Put in place rbust prcedures t permit the rapid and apprpriate identificatin f persns in vulnerable situatins and the full range f human rights prtectin needs. Staff must be trained t cnduct identificatin and referral prcedures in a sensitive manner, s as nt t exacerbate vulnerabilities r put individuals at mre risk. Make available sufficient and apprpriate shelter spaces fr migrants in vulnerable situatins and nt place them in detentin facilities. Make arrangements t effectively prvide prtectin in facilities t persns in vulnerable situatins, including age/gender/culturally sensitive prtectin frm further trauma and/r vilence, including inter-ethnic vilence and vilence between different natinalities; abuse; sexual and gender-based vilence, including dmestic vilence. Establish multi-purpse wmen-nly spaces that prvide private spaces fr wmen t rest and receive infrmatin and ther services. Ensure the prvisin f sufficient and accessible physical and mental health care and services fr migrants in situatins f vulnerability. If migrants are transferred elsewhere, States shuld ensure efficient prcedures fr the transfer f their medical recrds with them. Prvide cmprehensive, adequate and accessible sexual and reprductive health services (e.g. emergency cntraceptin and abrtin services, maternal health care), psychscial assistance and infrmatin. These services shuld be accessible withut discriminatin, with full respect fr privacy and cnfidentiality. They shuld als take int accunt barriers, such as harmful gender steretypes and stigma, which may prevent victims f sexual and genderbased vilence frm seeking supprt, as well as the differential experiences and needs f wmen, men, girls and bys wh have survived sexual and gender-based vilence.

21 30 ICCPR, art. 19 (2). 31 OHCHR Recmmended Principles and Guidelines n Human Rights at Internatinal Brders, Guideline New Yrk Declaratin, para. 42.

22 The teams fund that in all cuntries visited and thrughut all prcedures affecting migrants, there was in general inadequate and insufficient infrmatin prvided t migrants regarding their rights and situatin. In sme cases migrants received infrmatin leaflets upn arrival r in places f detentin; in sme places the teams bserved psters which cntained sme infrmatin n the rights and bligatins f migrants in varius languages; and in ther instances staff frm internatinal r nn-gvernmental rganizatins had the pprtunity t speak t sme migrants n arrival, prir t registratin, but nly briefly. While sme authrities nted that infrmatin measures had been put in place, many migrants reprted that they had nt received any meaningful infrmatin cncerning their situatin and relevant prcedures. They were unaware f what wuld happen t them next; why they were being held, mved, r left stranded in a particular place; what services were available t them; r the ptins they had within the legal prcedures fr family reunificatin, asylum, relcatin r return. Cncerning the Calais camp evictin, migrants had nt received any specific infrmatin regarding the lcatin f the centres where they were t be sent r where relatives r friends wuld be lcated. In Bulgaria, migrants interviewed were unaware that they had been criminally prsecuted fr irregular brder crssing r that a secnd such ffence wuld result in a prisn term f ne year r mre. In Greece, unaccmpanied children held in separately enclsed sectins within the facility cmplained that they had repeatedly asked fr infrmatin abut what was t happen t them; they were terrified that they wuld be deprted t Turkey and wanted t knw why they were being detained. The teams bserved that the prvisin f infrmatin was piecemeal and ften insufficient t meaningfully infrm migrants. The teams fund this was due t a number f reasns which, in sme cases, were acknwledged by the authrities, including insufficient resurces fr interpretatin, lack f free legal aid r assistance, and restricted access by civil sciety rganizatins t migrants. Overall, the teams cncluded that respect fr the right t infrmatin was nt deemed a pririty. The lack f infrmatin and absence f explanatins abut their situatin, rights and future prspects exacerbated the levels f stress and anxiety migrants were experiencing, with negative cnsequences n the mental health f sme migrants. Migrants have a right t receive all relevant infrmatin that allws them t understand their situatin and available ptins, the availability f specific services and hw t access them, legal prcedures, their rights and bligatins during prcedures, pssible cnsequences f their nn-cmpliance and remedies available t them. In ensuring the right t infrmatin, States shuld: Prvide meaningful and accessible infrmatin, by ensuring infrmatin is prvided in accessible frmats, in a language migrants are knwn t understand, and in meaningful ways sensitive t migrants age, gender, culture, minrity status, disability status, sexual rientatin and gender identity, r based n vulnerabilities they may have.

23 Ensure migrants are able t take infrmed decisins in matters that affect them. T this end, any prcedures, including interviews, which may affect migrants legal rights, shuld nt be carried ut befre migrants have received apprpriate infrmatin abut the prcedures and their rights therein. Establish infrmatin fcal pints t prvide accessible and meaningful infrmatin t migrants. States shuld seek the cperatin f human rights actrs wh culd supprt the implementatin f sensitive and meaningful infrmatin prvisin. 33 ICCPR, art. 9 (1). 34 See the Child Rights Cmmittee s reprt f the 2012 Day f General Discussin n the rights f all children in the cntext f internatinal migratin, para ICCPR, arts. 9(4) and 14; Human Rights Cmmittee, General Cmment N. 35 (2014), CCPR/C/GC/35, para. 18; Reprt f the Wrking Grup n Arbitrary Detentin, Principles and Guidelines n Remedies and Prcedures n the Right f Anyne Deprived f their Liberty t Bring Prceedings befre a Curt (2015), A/HRC/30/37, para. 50. See Intervener Brief filed by the United Natins High Cmmissiner fr Human Rights pursuant t leave granted by the Eurpean Curt f Human Rights n 2 September 2016 in Raufi and thers. v. Greece, Available at: 36 Para. 33.

24 The teams fund that migrants, including children, were subject t detentin practices in mst f the cuntries visited, including mandatry detentin in sme jurisdictins. Individual assessments t determine the necessity and prprtinality f detentin r t identify less restrictive alternative measures were nt cnducted. Furthermre, the absence f suitable vulnerability assessments as described abve resulted in migrants in a vulnerable situatin being detained and nt prvided with safe spaces apprpriate t their prtectin needs. In certain instances, the deprivatin f liberty cntravened natinal cnstitutins and internatinal human rights law as there was n legal basis fr the detentin f migrants beynd an initial 48 r 72-hur time limit. Fr example, the legal basis fr detaining individuals in the htspts in Italy and Greece is either cmpletely absent r inadequate. As a result, an individual assessment fr the detentin was nt undertaken and migrants were held withut a detentin rder, which is als an imprtant prcedural safeguard enabling a challenge t the lawfulness f their detentin. The teams als bserved that mst migrants were held fr multiple days, and smetimes weeks r mnths, in immigratin detentin facilities, ften withut understanding the reasns fr their detentin r the pssibility f challenging their detentin. In the frmer Yugslav Republic f Macednia, the missin fund that migrants at Gazi Baba detentin centre fr freigners were held between three and seven weeks. In Bulgaria, all migrants arriving in an irregular manner are served with an expulsin rder and a detentin rder in rder t carry ut that deprtatin/return/expulsin. Mst, if nt all migrants interviewed were detained fr a number f mnths, althugh detentin perids had decreased at the time f the missin t Bulgaria. With regard t due prcess and fair trial guarantees, migrants reprted inadequate access t infrmatin, legal aid and assistance, with limited availability f lawyers wh, in sme instances, had difficulties accessing the detentin facilities; as well as a lack f adequate translatin services fr migrants, including in criminal, expulsin r deprtatin prceedings. In Bulgaria, where migrants were subject t criminal prsecutin fr irregular entry, there were serius cncerns ver reprts abut the quality f sme state-appinted legal representatin prviding false infrmatin with legal ramificatins. Furthermre, the teams fund that sme previusly pen receptin centres r ther facilities had been cnverted int highly securitized detentin centres, where ften bth adults and children were held. While sme centres allwed migrants t leave fr a cntrlled perid, thers did nt. This discrepancy within the same cuntry, with sme centres being cmpletely clsed and thers pen r semi-pen did nt appear t be based n any discernible criteria f necessity. The practice serves, hwever, t questin the actual need fr centres t be clsed and managed as detentin centres. Authrities infrmed the teams that detentin is intended t be exceptinal and temprary in rder t cpe with and maintain sme cntrl ver the increasing numbers f arrivals. Hwever, the teams did nt cnsider this apprach t be reflected in what they fund: the lack f an individualized assessment t ensure the exceptinal use f detentin, the length f detentin, and weak due prcess guarantees indicated the ppsite. This led the teams t cnclude that

25 the presumptin f liberty has been erded in the immigratin cntext, and receptin systems appear in the main t have been replaced by detentin. These practices represent a dangerus trend that has ther serius human rights implicatins. They affect the right t an adequate standard f health, the right t be free frm trture r cruel, inhuman r degrading treatment and punishment, the right t a fair trial and due prcess guarantees and the rights f the child, and significantly heightened stigma n migrants and migratin per se. The teams raised the need t wrk with the authrities t develp alternatives t detentin. Alternatives t detentin can be an imprtant tl in migratin management, yet Member States have made insufficient use f these t date, despite the requirement in the EU Return Directive t use less cercive measures where pssible. Such measures are still largely absent at natinal level, thugh sme initiatives were highlighted in tw f the cuntries visited. There is a strng base f evidence t suggest that alternatives based n case management prmte cmpliance and case reslutin, including vluntary return, and prtect the rights f migrants. Natinal civil sciety actrs, wh have strng expertise in case management and are leading a number f such initiatives, are able t prvide input and technical assistance n the practical implementatin f effective alternatives. T ensure the right t liberty and t due prcess and fair trial fr all migrants, States shuld: End all mandatry detentin plicies and practices immediately. Establish a presumptin against immigratin detentin in law, restating the right t liberty fr all persns, regardless f migratin status. States shuld immediately and expeditiusly cease the detentin f children n the basis f their migratin status r that f their parents. Ensure that any deprivatin f liberty has a legal basis in natinal law, which defines clearly the legitimate purpses fr any detentin, its limited scpe and duratin, and is sufficiently narrw t avid mandatry detentin f a brad categry f persn. Implement rbust due prcess and fair trial guarantees, ensuring that immigratin detentin is nly rdered by a curt f law n a case-by-case basis, as an exceptinal and last resrt measure and fr the shrtest perid f time, after it has been deemed necessary and prprtinate, and n suitable nncustdial alternative has been identified. Ensure migrants have access t infrmatin, translatin, legal aid and assistance, and the pssibility t challenge the lawfulness f any deprivatin f liberty. Ensure all prcedural guarantees under the right t a fair trial t migrants imprisned n criminal charges due t the criminalizatin f irregularity in natinal law, inter alia the right t adequate infrmatin, free interpretatin, legal aid and assistance, t be tried in their presence and with legal representatin in curt if they s wish, as well as the right t appeal. Ensure and facilitate access and cmmunicatin fr civil sciety rganizatins prviding legal assistance t migrants held in immigratin facilities.

26 Develp natinal actin plans t implement human rights-cmpliant, nncustdial, cmmunity-based alternatives t detentin based n an ethic f care, nt enfrcement. 37 Human Rights Cmmittee, General Cmment N. 35 (2014), CCPR/C/GC/35, para ICCPR, arts. 7 and New Yrk Declaratin, para. 41.

27 The teams encuntered pr cnditins in detentin, sme f which culd amunt t inhuman and degrading treatment. The pr cnditins included vercrwding; children being held alngside unrelated adults; frequently dysfunctinal tilets r ther sanitary facilities; shwers in spaces which psed a risk fr the safety f wmen and girls; structures that are unfit fr children; lack f adequate and sufficient water and fd f nutritinal value; and lack f access t quality physical and mental health care and services. Several f the facilities visited were extremely substandard, with strng general ambient faecal r sewage smells, limited pprtunities fr persnal hygiene, washing, clean clthes r bedding, and ther highly distressing cnditins f cnfinement. The teams fund that the facilities visited did nt prvide a receptin envirnment r reflect apprpriately the administrative nature f immigratin detentin. Rather, the centres were generally heavily securitized; surrunded by razr and barbed wire fences; kept under surveillance by armed plice, military r ther security guards; and smetimes cntained enclsures where, based n age r natinality, migrants were detained separately and unable t mve within the detentin facility as ther migrants. Migrants were nt prvided with any meaningful recreatinal ptins and their autnmy was seriusly curtailed as persnal prperty was ften remved upn arrival and pens, paper, bks and ther items were nt allwed fr security reasns, withut any assessment. While the pr material cnditins in immigratin detentin culd be directly related t a lack and mismanagement f resurces, the ver-securitizatin and failure t ensure a receptin envirnment pints t a wrrying priritizatin f a security-based, punitive detentin regime, in clear cntraventin f the requirement t ensure that the administrative purpse f immigratin detentin is reflected and measures taken t minimize the risks assciated with the deprivatin f liberty. These cnditins negatively affected individuals physical and mental health and safety and smetimes exacerbated migrants vulnerable situatins. In the event that detentin cannt be avided, States shuld: Prvide fr safe accmmdatin arrangements fr migrants, particularly migrants in vulnerable situatins, by husing children separately frm unrelated adults and prtecting individuals against further risks. Ensure that migrants are prvided with sufficient water and fd beynd the mere nutritinally required minimum. Particular attentin shuld be paid t the nutritinal needs f pregnant and breastfeeding wmen, lder persns, children and adlescents. Religius, cultural r ther special dietary requirements shuld be catered t. Repair dysfunctinal and regularly maintain shwer and tilet facilities in all facilities where migrants are held. States shuld ensure that tilet and shwer facilities fr wmen and girls d nt pse a risk fr their safety, making sure that, as a minimum, they are separated frm men s sanitatin facilities, are well-lit at night and in clse prximity t wmen s quarters. Ensure that in all facilities where migrants are held the cnditins reflect the administrative purpse fr which

28 migrants are being detained. Specifically, States shuld take measures t ensure that facilities d nt resemble prisns and that there is a reasnable balance between the numbers f security staff and thse prviding services fr migrants. Ensure sufficient numbers f trained and specialized staff are hired in rder t respnd t the prtectin needs f migrants in detentin. In particular, gdquality legal advice and assistance, child prtectin services, infrmatin services, medical services and psychscial assistance and cunselling shuld be available and accessible t all migrants withut discriminatin. Cperate with civil sciety rganizatins, which culd supprt the prvisin f relevant services. Issue clear standards n restrictins impsed n individual autnmy, which shuld nly be t the extent necessary t prtect the rights f thers and t maintain public rder and based n individualized assessments. States shuld prvide varied and apprpriate activities t minimize the risks assciated with immigratin detentin.

29 40 ICESCR, arts. 9 and 12.

30 The teams visited frmal, semi-frmal and infrmal settlements in a number f cuntries and fund that the infrastructure, service and material prvisins made in the varius settlements were very minimal, in part as States were led by the assumptin that these wuld be temprary, shrt-term shelter arrangements. Hwever, the clsure f brders and ther measures restricting nward mvement, the inability f migrants t btain any legal status, the length f prcedures, and the lack and inadequacy f receptin facilities led t migrants being stranded in these settlements fr prlnged perids f time in inadequate cnditins and withut any sustainable alternatives. The teams nted cncerns with regard t migrants access t health services, adequate fd and shelter, access t educatin, as well as access t infrmatin and legal assistance in the varius settlements visited. In sme f the lcatins visited, yunger children were eligible t attend lcal schls, but in thers they were excluded and n alternative educatin was prvided. Parents in Vinjug Centre in the frmer Yugslav Republic f Macednia were particularly cncerned that their children culd nt attend schl, with ne mther wrried that her daughter culd nt read r write. The teams als heard reprts f discriminatin in the distributin f fd and aid in sme f the camps, and bserved physical marginalizatin f certain grups based n natinality. The teams heard reprts f vilence in sme camps cmmitted by ther migrants, smugglers and criminal actrs. Nngvernmental rganizatins prvided safe spaces fr self-identified victims f sexual and gender-based vilence, including dmestic vilence, in sme settlements but there was a limited capacity fr preventive measures and the teams als heard cncerns abut migrants safety at night. In ther, smaller settlements, migrants reprted feeling safe but feared leaving due t inadequate clthing and financial issues. Further cncerns related t extreme segregatin f sme settlements frm lcal cmmunities, the barbed wire fences surrunding them and the de fact restrictins that were impsed n mvement. The temprary arrangement f these settlements further meant that dismantlement and relcatin were cnstant threats, and cupled with a lack f infrmatin, this exacerbated the situatin f uncertainty migrants were facing. Migrants in France, fr example, reprted that they wuld rather g int hiding than face evictin and dispersal thrugh the cuntry. The teams fund that fr migratin respnses relating t the accmmdatin f migrants t be effective, as well as t be able t address the needs and secure the human rights f migrants sustainably, they shuld nt be primarily r slely framed as emergency r temprary respnses. Rather, migratin measures shuld lk t cmmunity-based slutins aimed at the inclusin f migrants in receiving scieties. The settlements and related respnses bserved by the teams did nt sufficiently integrate such an apprach, denying migrants the ability t nrmalize their lives as individuals, families and cmmunities, and thereby als affecting their enjyment f a range f human rights.

31 The right t an adequate standard f living entails migrants having access t adequate safe fd and nutritin; ptable water and culturally acceptable sanitatin; clthing; infrmatin and legal assistance; and safe and adequate husing crrespnding t weather cnditins and allwing fr private and family life. T implement this right, including in temprary lcatins, States shuld: Take specific measures t prevent discriminatin f any kind in the distributin and accessibility f gds and services. Make specific safety arrangements, including establishing and adhering t vilence preventin and respnse standards, including fr sexual and gender-based vilence preventin, and prvide safe accmmdatin and assistance t migrant victims f vilence and explitatin. Water, sanitatin and hygiene facilities shuld be well-lit, safe and private. Ensure that such settlements d nt restrict the freedm f mvement f migrants unnecessarily, and that they are nt bliged t stay in clsed shelter facilities. This includes the de-fact restrictin f mvement, in particular f wmen, children, r LGBT and Intersex migrants r persns with disabilities, due t fear f sexual, gender-based r ther vilence r ther harms inside r utside the facility. Facilitate living in the cmmunity, by actively identifying and prviding living arrangements fr migrants in the cmmunity and taking necessary measures, such as prvisin f temprary residence status r ther temprary prtected status and relevant dcuments t ensure migrants are able t access services and integrate and participate in lcal cmmunities until their situatin has been reslved.

32 41 Cnventin n the Rights f the Child (CRC), art. 3; OHCHR, Recmmended Principles and Guidelines n Human Rights at Internatinal Brders, A/69/CRP. 1, 23 July 2014, Principle A.6; Reprt f the Special Rapprteur n Trture and ther Cruel, Inhuman r Degrading Treatment r Punishment, A/HRC/28/68, 5 March 2015, para See the Child Rights Cmmittee s reprt n the 2012 Day f General Discussin n the rights f all children in the cntext f internatinal migratin, para CRC, arts. 20 and 22(2); Cmmittee n the Rights f the Child, General Cmment N. 6 n the treatment f unaccmpanied r separated children utside their cuntry f rigin, Para. 32.

33 An increasing number f children, including unaccmpanied and separated children but als infants and tddlers wh accmpany their family members, have been migrating t Eurpe. With respect t the prtectin f children, the teams welcmed the extensin f Bulgaria s nascent child guardianship system t migrant children, as well as strng legislatin cncerning the rights f the child in Italy, where unaccmpanied and separated children are affrded residency and the same rights as Italian children, and their expulsin is prhibited. In Italy and Greece, several shelters run by lcal NGOs r fster-care arrangements were set up and prvided temprary guardianship fr a small number f migrant children, but such partnerships remained limited. While certain prgress culd be bserved, the teams fund that, verwhelmingly, the respnses t ensure prtectin f the rights f the migrant children encuntered during the missins were manifestly inadequate and ften detrimental t the effective prtectin f migrant children s rights, regardless f whether children were staying in infrmal, frmal, pen r clsed facilities. There was a widespread lack f standardized systems t ensure their best interests were apprpriately determined, including children wh may nt have been seeking asylum, alng with an absence f mechanisms fr migrant children t have their views taken int accunt in decisins affecting them in accrdance with their age and maturity. The teams bserved that there was in general a lack f human rights-cmpliant child prtectin services with few r n trained child prtectin fficers. Lack f prmpt appintment f guardians r restrictive guardianship legislatin cmbined with an absence f meaningful assessments f the best interests f the child resulted in children being separated frm the family members they were travelling with. One f the many examples was fund in Greece, where the missin heard frm ne child in detentin wh was very distressed because upn arrival he had been separated frm his 19-year ld cusin with whm he was travelling, and had nt been allwed t meet him fr days. There were delays in ensuring family reunificatin, and barriers fr children t access essential services such as healthcare. The teams als nted ineffective legal framewrks and prcedures fr the relcatin f unaccmpanied and separated children t ther cuntries fr the purpses f family reunificatin, and in sme cases there were als arbitrary age determinatin prcedures. Children were als subjected t arbitrary and prlnged immigratin detentin and t abusive treatment and inhuman cnditins in detentin, withut access t educatin, health services r meaningful recreatinal activities. Their lack f infrmatin and understanding abut why they were being held r what was ging t happen t them further exacerbated the risks t their mental health. In sme cases, the teams were cncerned that stensibly prtective measures put in place by the authrities were having an unintentinally negative impact n children, such as in the Calais area where unaccmpanied and separated children were leaving the fficial centres t which they had been transferred. The teams learned that, despite measures undertaken by the French authrities, insufficient infrmatin was prvided t migrant children regarding their situatin, and there was an absence f meaningful supprt prvided at the centres. These factrs cntributed t children deciding t cntinue n with their migratin prject. In Greece, children were als leaving settlements in rder t avid prtective custdy, which smetimes invlved detentin

34 in plice cells. Yet with nwhere t g, these children were at severe risk f ill health, abuse and explitatin. The inadequacies f the respnses have a particularly harmful impact n the human rights f migrant children, impeding their physical, mental, spiritual, mral, scial develpment and survival. 45 They exacerbate their situatin f vulnerability and increase the risk f explitatin and abuse. T ensure the effective prtectin f migrant girls and bys human rights, States shuld: End any frm f detentin f children n the basis f their r their parents migratin status, including in prisns r plice statins. Further create suitable shelter spaces where families with children r unaccmpanied and separated children can be accmmdated. Establish mechanisms t facilitate the identificatin f available and suitable shelter spaces, including thrugh central databases. Establish standardized systems fr the determinatin f the best interests f the child, carried ut by trained child prtectin staff, in a child-friendly manner, and guaranteeing children s rights t express their views freely in all matters affecting them and have their views taken int accunt in accrdance with their age and maturity. Qualified and trained child prtectin staff shuld be available at all stages f the migratin jurney t ensure adequate assistance and prtectin fr migrant children. Make every effrt t trace and reunite unaccmpanied r separated children with their parents r family, in accrdance with the principle f the best interests f the child, nting that reunificatin in the cuntry f rigin may nt always be in the child s best interests. Take measures t simplify and expedite prcedures, withut cmprmising human rights standards, t make it easier fr children t relcate and reunite with their families. Ensure that an effective and individualized guardianship system is available t unaccmpanied and separated children and/r child-headed husehlds withut discriminatin. In particular, the system shuld ensure that qualified and trained individuals and/r nn-gvernmental rganizatins can be prmptly appinted. Ensure gender-sensitive and multidisciplinary age determinatin prcedures as a measure f last resrt in case f serius dubt regarding the age f a migrant, drawing n assessments by independent and qualified psychlgists and scial wrkers in a safe, ageapprpriate and dignified manner. Establish a presumptin in favur f the child in situatins f ambiguity. Ensure that migrant children can exercise their right t educatin as prmptly as pssible and have access t meaningful recreatinal activities. 45 Cntrary t the prtectins prvided under the CRC, preamble, art. 6(2), 27.

35 46 ICCPR, art. 9, 6, 7; ICCPR, art. 26; Cnventin n the Eliminatin f Racial Discriminatin (CERD), art. 5(b); CRC, art. 19(1); Cnventin n the Eliminatin f Discriminatin against Wmen (CEDAW), art ICCPR, art. 20(2); CERD, art. 4; Rabat Plan f Actin n the prhibitin f advcacy f natinal, racial r religius hatred that cnstitutes incitement t discriminatin, hstility r vilence (A/HRC/22/17/Add.4, appendix). 48 ICCPR, art. 2(3). 49 Paras. 10 and 14.

36 The teams heard reprts f instances f disprprtinate use f frce during fingerprinting r frced returns, as well as verbal abuse by fficials against migrants, including children. Of particular cncern was the situatin in Bulgaria, where numerus migrants suffered physical vilence such as beating and kicking; theft by plice and ther State actrs; and abuse by vigilantes. The teams als heard reprts f assaults n human rights defenders wh advcate fr the human rights f migrants. The teams further nted that at the time f the visits, vilatins and abuses had rarely led t cnclusive investigatins r prsecutins. This was in part due t a lack f safe reprting channels such as firewalls t ensure that criminal justice actrs are nt required t reprt irregular migrants t brder authrities, as well as cases being dismissed fr varius reasns. Fr example, in the mst prminent case in Bulgaria, in which an Afghan natinal was killed after plice authrities pened fire with live ammunitin n a grup f migrants, the team was infrmed that n disciplinary measures were applied t any fficer, inter alia as a result f frensic cnclusins that the bullet cncerned riccheted ff a bridge. As a result, victims were left withut access t justice r an effective remedy and an envirnment f impunity ensued. There was als an increase in anti-migrant sentiment in all lcatins visited by the teams. A grwing number f high-level fficials, members f parliament, pliticians, and in sme cases members f the clergy als engaged in xenphbic discurse, smetimes amunting t incitement t hatred. The teams fund that the largely unchallenged plitical and scial discurse picturing migrants as threats, describing them as illegal r criminals, and stking public fear, was a clear driver f the physical and verbal abuse faced by migrants. Left unaddressed, this further cntributed t signalling that vilence against migrants was smehw justified. In additin, the teams nted that sme segments f the media were instrumental in cntributing t an atmsphere f hstility twards migrants, as well as twards migrants human rights defenders and rganizatins, including by making false allegatins against them. In sme cuntries, this cncerned primarily the tablid media, while in thers, anti-migrant views and incitement t hatred was seen acrss a brad spectrum f the media. The teams cncluded that such treatment f individuals wh are seeking and in clear need f human rights prtectin undermines the values upn which the fundatins f just and inclusive scieties rest. It is essential that the justice system prtect all individuals, including migrants, frm harm and ensure victims can access effective remedies. Negative public perceptins, harmful steretyping, and scial exclusin must be effectively addressed and challenged in rder t eliminate the cnditins that give rise t such vilence and discriminatin against migrants. Gvernment fficials and ther prminent public figures such as faith leaders 50, alng with the media, shuld reduble their cmmitment t prmting the values f diversity and inclusin, and t leading evidence-based cnversatins n the scial, cultural and ecnmic benefits f migratin and the imprtant rle played by migrants in scieties and cmmunities. Sme actrs will invariably claim that such an apprach 50 See Beirut Declaratin and its 18 cmmitments n "Faith fr Rights", available at

37 ignres the challenges that migratin can als bring; it is therefre crucial t underline that the abve-mentined recmmendatin des nt preclude a serius and balanced discussins n such challenges when they arise. T cunter discriminatin and prtect migrants frm vilence and explitatin, States shuld: Prhibit and prsecute excessive use f frce and dangerus brder cntrl practices, such as the use f live ammunitin r dgs against migrants. Prevent, prhibit and prsecute hate crimes and incitement t hatred against migrants in accrdance with internatinal human rights nrms and standards. Cndemn and take effective measures against all acts, manifestatins and expressins f racism, racial discriminatin, xenphbia and related intlerance against migrants and the steretypes applied t them, including n the basis f religin r belief, and ther intersecting frms f discriminatin, including age, sexual rientatin, gender r gender identity. Establish accessible, safe, gender and child-sensitive and cnfidential vilence preventin prgrammes, alng with treatment and prtectin services, including cunselling, reprting and cmplaints mechanisms. Encurage migrants and thers t reprt crimes cmmitted against migrants and facilitate this, including thrugh clear and binding firewalls t ensure migrants are able t reprt crimes against them, participate in criminal justice prceedings and access related assistance and supprt, and are nt deterred frm ding s due t fears f arrest, detentin and expulsin n the basis f their migratin status. Ensure that sentences impsed n thse wh carry ut vilence against, r explit, migrants are prprtinate. Ensure access t an effective remedy fr migrant victims f crimes and human rights vilatins.

38 51 ICCPR, art. 2; ICESCR, art ICCPR, art. 40; ICESCR, art. 16.

39 The teams nted psitively that natinal human rights and/r mbudspersn institutins in sme cuntries were vested with pwers t mnitr detentin facilities, including immigratin detentin centres, smetimes in cperatin with civil sciety. In Italy, the Senate Extrardinary Cmmissin n Human Rights had als cnducted mnitring f the htspts, and made imprtant recmmendatins. In France, the mbudspersn fr human rights (Défenseur des Drits) had mnitred parts f the evictin prcess in Calais at the end f The teams were cncerned at the absence in all cuntries f rbust mechanisms fr systematic independent mnitring f the human rights situatin f migrants at brders, including, but nt limited t, detentin centres, receptin cnditins and arrangements, brder screening and interview prcedures, relcatins and evictins, and prcedures related t access t prtectin and assistance services. Where mnitring was carried ut, there was n frmal mechanism t ensure recmmendatins were implemented and fllwed up n. Fr instance, ne natinal human rights bdy infrmed the team that its recmmendatins t the gvernment were repeatedly ignred. The teams als bserved that access fr civil sciety rganizatins carrying ut human rights mnitring activities had been increasingly restricted and smetimes cmpletely denied. Furthermre, the teams nted that accessible mechanisms enabling migrants r thers t ldge cmplaints abut vilatins r abuses f human rights were either unknwn r nt available. Migrants were either nt infrmed abut the pssibility f making a cmplaint r feared repercussins if they did. In sme places fficial cmplaints channels were nt established, r were t cmplex r cumbersme t access. On ther ccasins migrants were hesitant t access cmplaints channels as they were viewed as nt sufficiently independent, ften n the basis f prir negative experiences with public fficials. Human rights mnitring systems are essential t prevent human rights vilatins and abuses, t ensure minimum standards are upheld and justice administered where there are breaches. The varius human rights cncerns the teams bserved during their visits indicated hw human rights mnitring mechanisms were weak and fstered an envirnment f impunity. Effective independent mnitring mechanisms shuld regularly mnitr all migratin-related facilities and prcedures fr their cmpliance with internatinal human rights laws and standards. T this end, States shuld: Ensure and facilitate unrestricted access f independent mnitring bdies, including natinal human rights institutins, mbudspersns, natinal preventive mechanisms and ther relevant bdies t all lcatins under the jurisdictin r effective cntrl f the State and t all infrmatin that is required t effectively mnitr the human rights f migrants. Mnitring shuld extend, as applicable, t arrival, shelter and receptin f migrants, brder prcessing and interviewing, transfers, detentin situatins, pre-remval prcesses, and return prcesses.

40 Enable civil sciety actrs t participate in mnitring and evaluating the human rights impact f gvernance measures. Establish mechanisms by which the implementatin f the recmmendatins frm the independent mnitring bdies can be facilitated and ensured. Establish accessible cmplaints mechanisms fr migrants t reprt t withut fear f retributin. Ensure effective accuntability f private actrs carrying ut migratin gvernance functins, including by adpting r amending legislatin t ensure that the actins f private actrs d nt undermine human rights and that any wrngding is sanctined.

41 In cnclusin, the teams fund that the human rights f the migrant wmen, men, bys and girls in the cuntries visited were ften insufficiently addressed by migratin and asylum gvernance measures. As a result, the migratin systems in place at the time f the visits were ften unable t address the human rights prtectin needs f migrants, leading t a number f prtectin gaps. The teams appreciate that measures t respnd t the prtectin needs f migrants were nt always readily in place and had t be built prgressively, given that the migratry mvements tk a number f the cuntries by surprise. Nevertheless, States appeared t priritize an emergency and security-fcused apprach in their migratin respnses, reflected in restrictive laws and plicies, such as the criminalizatin f irregular entry and/r stay, the increased use f detentin practices r swift return prcedures, all f which had far-reaching impacts n migrants safety, health and ultimately, their dignity. There were limited avenues available t identify migrants in vulnerable situatins, alng with a scarcity f referral mechanisms, qualified staff and access t services, all f which indicated a diminished pririty affrded t these human rights cncerns. Finally, the limited cmmitment t independent human rights mnitring and cperatin with civil sciety actrs demnstrated the reluctance f States t imprve the human rights situatin f migrants. Against this backgrund, the Office urges the States visited and Eurpean Unin institutins t take urgent actin in implementing their human rights bligatins twards migrants. The recmmendatins prvided in this reprt prvide practical guidance t this end and the Office can prvide further technical assistance. Furthermre, current discussins pursuant t the New Yrk Declaratin and its Annexes ffer extensive pprtunities t significantly advance glbal nrmative cmmitments t prtect and prmte the human rights f all migrants, regardless f their status, and t take tangible actin t strengthen the human rights f migrants n the grund. In accrdance with the mandate f the United Natins High Cmmissiner fr Human Rights (General Assembly Res. 48/141), OHCHR will cntinue its dialgue with the relevant States and the EU in fllwing up n the implementatin f the recmmendatins. In rder t prvide detailed technical assistance and practical guidance based n up-t-date infrmatin, OHCHR will cnsider systematizing its mnitring activities n the human rights situatin f migrants in transit and at brders in Eurpe, including thrugh the pssibility f enhanced presence in relevant lcatins. OHCHR will wrk clsely with UN agencies and entities, the IOM, UN Cuntry Teams and thers t supprt the human rights f migrants, including strengthening mves away frm securitized r exclusinary migratin gvernance regimes, as well as by wrking clsely with Gvernments, natinal human rights institutins and mbudspersns, relevant civil sciety partners and migrant assciatins t advance the human rights f migrants in practice.

42 Greece Infrmal settlement at Idmeni; Open fficial camp at Nea Kavala; Mria htspt, Lesvs; Vial htspt, Chis Italy Centre fr Identificatin and Expulsin Pnte-Galeria, Rme; Htspts at Lampedusa, Trapani and Pzzall; Huse f Cultures Shelter, Scicli; Ex Casa Marcni, Palerm; Rainbw centre fr unaccmpanied minrs, Palerm Bulgaria Sfia Central Prisn; Lyubimets Detentin Centre; Elhv Transit Facility; Brder at Kapitan Andreev; Busmantsi Detentin Centre The frmer Yugslav Republic f Macednia Transit Centres, Tabanvce and Vinjug; Gazi Baba Centre fr Freigners, Skpje France La Linière camp, Grande-Synthe; Centre d accueil et d rientatin pur mineurs, Mrbecque; Infrmal settlement, Nrrent-Fntes

43 Greece Italy Migrants; Minister f Interir; Secretary General fr Human Rights and Transparency, Ministry f Justice; Deputy Minister f Freign Affairs; First Receptin Service (FRS); Eurpean Cmmissin (Structural Refrm Supprt Service); EASO; UNHCR; IOM; ICRC; Representatives frm civil sciety and nn-gvernmental rganizatins Migrants; Ministry f Interir; Ministry f Freign Affairs; Immigratin fcal pints frm the Prefectura (Agrigent; Palerm and Catania); Cast Guard; Guardia di Finanza; Mayr f Palerm; Mayr f Lampedusa; Senate Extrardinary Cmmissin n Human Rights; Eurpean Cmmissin representative, Rme; Frntex, Lampedusa, Pzzall; EASO, Lampedusa, Pzzall; UNHCR, Rme, Lampedusa, Pzzall; IOM; UNICEF; Representatives frm civil sciety and nn-gvernmental rganizatins Bulgaria Migrants; Ministry f Interir (Brder Guards; Migratin Directrate); State Agency fr Refugees; Deputy Minister f Justice; Ministry f Freign Affairs; Supreme Prsecutr s Office f Cassatin; Directrs and staff in/f Lyubimets Detentin Centre; Elhv Transit (Detentin) Facility; Brder Plice at Kapitan Andreev; Busmantsi Detentin Centre (Ministry f Interir); Sfia Central Prisn (Ministry f Justice); Ministry f Justice versight staff fr penitentiaries; Deputy Ombudspersn; UNHCR; UNICEF; Representatives frm civil sciety and nn-gvernmental rganizatins

44 The frmer Yugslav Republic f Macednia Migrants; The Ministry f Freign Affairs; The Ministry f Interir; The Ministry f Labur and Scial Plicy and the Crisis Management Centre; UNCT Resident Crdinatr; UN Cuntry Team; The Ombudsman s Office; The Natinal Chapter f the Red Crss; Representatives frm civil sciety and nn-gvernmental rganizatins France Migrants; Ministry f Freign Affairs; Ministry f Interir; Sus-préfet f Dunkirk; Representative f the Mayr f Dunkirk; Sus-préfet f Mrbecque ; Cmmissin Natinale Cnsultative des Drits de l Hmme; Défenseurs des drits; Cntrôleur général des lieux de privatin de liberté; UNICEF; Representatives frm civil sciety and nn-gvernmental rganizatins

45 Greece Italy Bulgaria The frmer Yugslav Republic f Macednia France

46