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Bachelet said several U.N.
human rights bodies have
found that the detention
of migrant children may
constitute cruel, inhuman
or degrading treatment
that is prohibited by
international law. /
photo.
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United
Nations appalled by
conditions of migrants and
refugees in detention in
the U.S.
By the A.M. Costa Rica staff
The U.N. high commissioner for
human rights, Michelle Bachelet,
said Monday she is appalled by
the conditions in which migrants
and refugees, children and
adults, are being held in
detention in the United States
of America after crossing the
southern border. She stressed
that children should never be
held in immigration detention or
separated from their families.
Bachelet said several U.N. human
rights bodies have found that
the detention of migrant
children may constitute cruel,
inhuman or degrading treatment
that is prohibited by
international law.
“As a pediatrician, but also as
a mother and a former head of
state, I am deeply shocked that
children are forced to sleep on
the floor in overcrowded
facilities, without access to
adequate healthcare or food, and
with poor sanitation
conditions,” Bachelet, the
former president of Chile, said.
“Detaining a child even for
short periods under good
conditions can have a serious
impact on their health and
development. Consider the damage
being done every day by allowing
this alarming situation to
continue.” Bachelet said that
immigration detention is never
in the best interests of a
child.
Noting a report by the
Department of Homeland
Security’s Office of Inspector
General on the conditions in
migrant centers along the
southern border, Bachelet urged
the authorities to find
non-custodial alternatives for
migrant and refugee children –
and adults.
“Any deprivation of liberty of
adult migrants and refugees
should be a measure of last
resort,” she said. If detention
does take place, she emphasized,
it should be for the shortest
period of time, with due process
safeguards and in conditions
that fully meet all relevant
international human rights
standards.
“States do have the sovereign
prerogative to decide on the
conditions of entry and stay of
foreign nationals. But clearly,
border management measures must
comply with the state’s human
rights obligations and should
not be based on narrow policies
aimed only at detecting,
detaining and expeditiously
deporting irregular migrants,”
she said, adding:
“In most of these cases, the
migrants and refugees have
embarked on perilous journeys
with their children in search of
protection and dignity and away
from violence and hunger. When
they finally believe they have
arrived in safety, they may find
themselves separated from their
loved ones and locked in
undignified conditions. This
should never happen anywhere.”
The U.N. human rights offices in
Mexico and Central America have
documented numerous human rights
violations and abuses against
migrants and refugees in
transit, including the excessive
use of force, arbitrary
deprivation of liberty, family
separation, denial of access to
services and arbitrary
expulsions.
Bachelet said she recognized the
complexity of the situation and
the challenges faced by states
of origin, transit and
destination. She called on them
to work together to address the
root causes compelling migrants
to leave their homes by
implementing crosscutting
policies that take into account
the complex drivers of
migration. These include
insecurity, sexual and
gender-based violence,
discrimination, poverty, the
adverse impacts of climate
change and environmental
degradation.
Bachelet also paid tribute to
individuals and civil society
organizations that have been
providing migrants with the most
basic of rights, such as the
rights to water, food, health,
adequate shelter and other such
assistance.
“The provision of life saving
assistance is a human rights
imperative that must be
respected at all times and for
all people in need – it is
inconceivable that those who
seek to provide such support
would risk facing criminal
charges,” she said.
The
International Convention on
the Protection of the Rights
of All Migrant Workers and
Members of Their Families can
be reached here*.
---------------------------------
What should the authorities of
the countries of origin of the
immigrants do to prevent them
from leaving the country? We
would like to know your thoughts
on this story. Send your
comments to news@amcostarica.com
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