关于移民的自由权、免受任意拘留的自由权及其与其他人权的联系的第5号一般性意见（2021年）

Q3 Social Sciences

International Human Rights Law Review Pub Date : 2021-11-10 DOI:10.1163/22131035-10020003

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引用次数: 0

摘要

《保护所有移徙工人及其家庭成员权利国际公约》第16条保护移徙工人及其家人的人身自由和安全权利。根据第17条，被剥夺自由者应受到人道待遇，并尊重人的固有尊严和文化特性。移徙工人委员会第5号一般性意见（2021年）对《保护所有移徙工人及其家庭成员权利国际公约》第16条和第17条以及其他条款作出了权威性解释，因为对移徙的刑事定罪趋势日益上升，对移民的拘留越来越频繁。第5号一般性意见（2021）旨在为各国履行《保护所有移徙工人及其家庭成员权利国际公约》规定的与自由权和免受任意拘留保护有关的义务提供指导，以及其他相互交叉的人权义务以及这些权利与其他人权相互交叉所产生的其他人权义务。一般性意见还旨在就《安全、有序和正常移徙全球契约》的执行情况向各国提供指导，并就促进和保护人权的举措的执行情况和监督遵守情况向其他利益攸关方提供指导。

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General comment No. 5 (2021) on Migrants’ Rights to Liberty, Freedom from Arbitrary Detention and their Connection with other Human Rights

Article 16 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families protects the right of migrant workers and members of their families to liberty and security of person. Under Article 17, those deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity. The Committee on Migrant Workers’ General Comment No. 5 (2021) provides authoritative interpretation of articles 16 and 17 and other articles of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in the context of the rising trend towards criminalization of migration and increasingly frequent use of detention of migrants. General Comment No. 5 (2021) intends to provide guidance to States on fulfilling their obligations under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in relation to the right to liberty and protection against arbitrary detention, and other intersecting human rights obligations and other human rights obligations arising from the intersection of those rights with other human rights. The General Comment is also aimed at providing guidance to States on the implementation of the Global Compact for Safe, Orderly and Regular Migration and to other stakeholders on implementing initiatives to promote and protect human rights and to monitor compliance thereof.

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来源期刊

International Human Rights Law Review Social Sciences-Law

CiteScore

0.80

自引率

0.00%

发文量

期刊介绍： The International Human Rights Law Review (HRLR) is a bi-annual peer-reviewed journal. It aims to stimulate research and thinking on contemporary human rights issues, problems, challenges and policies. It is particularly interested in soliciting papers, whether in the legal domain or other social sciences, that are unique in their approach and which seek to address poignant concerns of our times. One of the principal aims of the Journal is to provide an outlet to human rights scholars, practitioners and activists in the developing world who have something tangible to say about their experiences on the ground, or in order to discuss cases and practices that are generally inaccessible to European and NorthAmerican audiences. The Editors and the publisher will work hands-on with such contributors to help find solutions where necessary to facilitate translation or language editing in respect of accepted articles. The Journal is aimed at academics, students, government officials, human rights practitioners, and lawyers working in the area, as well as individuals and organisations interested in the area of human rights law. The Journal publishes critical articles that consider human rights law, policy and practice in their various contexts, at global, regional, sub-regional and national levels, book reviews, and a section focused on an up-to-date appraisal of important jurisprudence and practice of the UN and regional human rights systems including those in the developing world.