Admission and Stay Based On Human Rights And Humanitarian Grounds: A Mapping Of National Practice

Admission and Stay Based On Human Rights And Humanitarian Grounds: A Mapping Of National Practice
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The Office of the High Commissioner for Human Rights (OHCHR), in collaboration with DLA Piper Law Firm and civil society organisations, has undertaken a pilot mapping of national forms of admission and stay which are based on human rights or humanitarian grounds. 

 

The research addresses three main questions: a) what are the human rights and humanitarian grounds of admission and stay that exist at the national level? b) what is the content of the protection granted? Does this protection only imply a suspension of removal or would it also involve the grant of residence? What are the rights attached to such protection? c) what procedures have States put in place to assess these claims based on human rights and humanitarian grounds? 

The initial research was conducted in some 27 countries and the 10 country summaries included in the publication represent a sample of those countries in which examples of relevant practice were found (Argentina, Austria, Brazil, Finland, Hong Kong, Morocco, The Netherlands, New Zealand, Portugal, and Spain).  The main findings of the pilot mapping include the following: 

  1. Human rights and humanitarian considerations are grounds for the admission and stay of migrants in several countries around the world.
  2. International human rights law plays a key role, as it establishes obligations that prevent removal and contribute to the interpretation of the scope and content of humanitarian grounds. 
  3. Differential treatment in relation to access to rights and services based on the grounds under which protection or residence is granted, may amount to discrimination and should be avoided. 
  4. When specific human rights or humanitarian considerations are considered as a ground of non-removal, it should be possible for the migrant to claim protection and residence on these grounds through a rules-based and established procedure.
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DLA Piper Law Firm