...sleeping and washing facilities if separate quarters are not possible.71 III.6 Special protection against CRSV is owed to refugees, stateless persons and transferred persons🔗 Under the Fourth Geneva Convention, ‘protected persons’ are those who, at a given moment and in any manner, are in the hands of a party to the conflict or occupying power. Refugees who qualify as protected persons within the meaning of the Convention benefit from the protection owed to non-nationals in......the hands of a party to the conflict or occupying power.72 Stateless persons also qualify as protected persons.73 In addition, refugees who are not, in fact, under any government’s protection, enjoy special protection under article 44 of the Convention. In applying measures of control and security in regard to protected persons as may be necessary because of the war,74 States must not treat refugees as enemy non-nationals exclusively on the basis of their nationality, in......law, of an enemy State. Refugees in occupied territory that are not considered protected persons also enjoy certain protections under article 70(2) of the Convention. For the purposes of IHL, the term ‘refugee’ should be understood in a broad sense; the only criterion being that the individual in question does not ‘enjoy the protection of any government’.75 In armed conflicts, IHL prohibits ‘[p]arties to the conflict from transferring persons in their power to another authority...

...African descent’21 and all other persons experiencing racial discrimination who may face multiple,22 ‘intersectional forms of discrimination’,23 including women,24 children,25 persons with disabilities and/or who identify as LGBTQI+,26 persons living with HIV, migrants27 and persons living in rural areas,28 among others. III.7 Special protection against CRSV is owed to migrants🔗 Under article 5, States should protect migrants, in particular refugees and asylum seekers, from all forms of violence.29 They should: Extend the area set aside for refugee camps ‘in order to reduce overcrowding and......‘that the person will not be at risk of serious human rights violations upon return’,37 and that refugees ‘are not relocated to third countries without their consent’.38 It should be possible ‘to appeal against expulsion decisions’.39 Birth registration. Persons, particularly children, who are unregistered run the risk of ‘having no access to a range of social benefits’. States should ensure the proper registration of the births of children ‘of parents of foreign origin’, including refugees and asylum seekers,......Collaborate with the Office of the United Nations High Commissioner for Refugees, the Office of the United Nations High Commissioner for Human Rights and the International Labour Organization;60 ‘Step up international, regional and bilateral cooperation, including by exchanging information and harmonizing procedures, to prevent and combat trafficking in persons’.61 III.10 States should establish national human rights mechanisms to help them eliminate CRSV🔗 States should establish national human rights mechanisms to help them discharge their obligations...

...a particular social group or political opinion. While gender-based violence is one of many factors determining women’s migration,74 it is not an express ground according to which persecution may lead to refugee status. As the CEDAW applies at every stage of the displacement cycle75 in countries of origin, transit and destination,76 in granting refugee status States should: Use gender as a factor in recognising membership of a particular social group for the purpose of granting refugee status under......special dependency on land; Make education and income-generation and skills training activities available.72 Refugee and asylum-seeking women. Asylum seekers seek international protection because ‘they have a well-founded fear of persecution or are at risk of being ill-treated or subjected to other serious harm’ in their country of origin.73 Under article 1(a)(2) of the 1951 Convention relating to the Status of Refugees, persecution must be linked to one of the five grounds listed therein: race, religion, nationality, membership of......trafficking.126 Trafficking in women and girls breaches the 1951 Convention relating to the Status of Refugees and should be recognised as a legitimate ground for international protection;127 Provide women seeking asylum and women refugees with education, health care, proper accommodation, training and/or job opportunities to facilitate their integration.128 States should grant women whose asylum applications are denied ‘dignified and non-discriminatory return processes’.129 Use of digital technology in trafficking. Digital technology ‘exposes potential victims to an increased risk of being trafficked’.130 States......105), and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203); The Slavery Convention and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others; The New York Declaration for Refugees and Migrants, the Global Compact for Safe, Orderly and Regular Migration and the global compact on refugees.169......displaced women and refugees; it happens at any time, for instance, while performing daily activities such as collecting water and firewood or going to school or work’.15 In the absence of social protection schemes and in situations in which there is food insecurity combined with impunity for gender-based violence, ‘women and girls are often exposed to sexual violence and exploitation as they attempt to gain access to food and other basic needs for family members and...

...(and federal, where appropriate)191 legislation criminalises torture and ill-treatment in accordance with international and regional standards by ratifying, among other instruments: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;192 Other core United Nations human rights treaties to which they are not a party;193 The 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto,194 and the Convention Governing the Specific Aspects of Refugee Problems in Africa;195 The......while countering terrorism, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Working Group on Arbitrary Detention, and the Special Rapporteur on the situation of human rights defenders;202 Request the Office of the High Commissioner for Human Rights for technical cooperation assistance to increase their capacity to collect statistical data on implementation of the CAT at the national level;203 In cooperation with the Office of the United Nations High Commissioner for Refugees, identify refugees......accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction’.74 Women. The criminalisation of abortion, ‘moral crimes’ like adultery and extramarital relationships, and witchcraft and sorcery, among other acts – offences that are aimed at or that solely and disproportionately affect women and girls – contributes to prison overcrowding, which has a negative impact on all aspects of detainees’ lives and gives rise to ill-treatment......in an individualised manner, and adopt comprehensive legislation on political asylum.143 To ensure that stateless persons whose asylum claims have been refused, as well as asylum seekers, irregular migrants and refugees, are not held in detention indefinitely, States should establish statutory time limits for detention and access to an effective judicial remedy to review the necessity of the detention.144 Children. The Committee has expressed concern at reports that child detainees are not always separated from adults and...

...carers and other support networks’.49 Migrants. States are required to ‘mainstream disability into migration and refugee policies and into all humanitarian aid channels’, and provide all civil defence staff, rescue and emergency personnel and all potential actors involved in humanitarian emergencies’ with disability-awareness training.50 States should ensure accessibility, reasonable accommodations and support measures for asylum seekers and refugees with disabilities at border crossings and in reception and accommodation facilities, including ‘accessible and understandable modes of......needs of persons with disabilities and be mindful of the multiple, intersecting ways in which certain individuals are discriminated against,37 including on the grounds of ‘age, disability, ethnic, Indigenous, national or social origin, gender identity, political or other opinion, race, refugee, migrant or asylum seeker status, religion, sex and sexual orientation’.38 Women. In its Preamble, the CRPD emphasises the need to incorporate a gender perspective in all efforts to promote persons with disabilities’ human rights......older persons with disabilities’) and providing victims/survivors of sexual violence with accessible shelters;109 To ensure that water, sanitation and hygiene facilities are available and accessible for persons with disabilities in emergency shelters and refugee camps ‘or other communal shelters and informal settlements’ in accordance with articles 28 (on adequate standards of living and social protection) and 9 (on accessibility);110 To ensure accessibility through universal design in all post-war reconstruction and rebuilding plans and strategies.111 Health....

...to protect victims/survivors’ rights, ‘without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status’. Under article 12(3), States must ensure that all measures to prevent violence against women and domestic violence are victim-centred, and consider and address ‘the specific......Under article 60, States must recognise gender-based violence against women as a form of persecution within the meaning of the 1951 Convention Relating to the Status of Refugees, and as a form of serious harm giving rise to protection. States must give a gender-sensitive interpretation to each of the 1951 Convention grounds (i.e., ‘race, religion, nationality, membership of a particular social group or political opinion’) giving rise to protection.114 Further, States must develop gender-sensitive reception procedures...

...that prevention and response are non-discriminatory and specific. Further, they should respect the rights and prioritise the needs of victims/survivors, including groups that are particularly vulnerable or may be specifically targeted, ‘notably in the context of their health, education, and participation’.80 Refugees and internally displaced persons are a particularly vulnerable group. Civilians, especially women and children, account for the vast majority of those adversely affected by armed conflict, including as refugees and internally displaced persons.81 States......Central African Republic,16 Somalia,17 Mali,18 Yemen,19 and Sudan.20 The Council has noted that women and girls ‘account for the vast majority of those adversely affected by armed conflict, including as refugees and internally displaced persons, and increasingly are targeted by combatants and armed elements’.21 Protecting and guaranteeing the rights of women and girls in times of war and promoting their participation in peace processes are essential to achieving international peace and security.22 The Council has also acknowledged that men and boys......atrocity crimes, institution-building, and diplomatic efforts’; Protective measures once atrocity crimes are committed, including refugee camps for fleeing populations, coercive measures against perpetrators such as targeted individual sanctions on travel and finance, and the use of force through the Council as a last resort; Post-hoc measures to respond to mass atrocity crimes, including creating international commissions of inquiry, referring cases to the International Criminal Court for prosecution, and assisting local efforts for truth and reconciliation.71 II.......protection of women and girls🔗 All parties to armed conflict must fully respect international law applicable to the rights and protection of civilians, especially women and girls, in particular as protected under: The Geneva Conventions of 1949 and the Additional Protocols thereto of 1977; The Refugee Convention of 1951 and the Protocol thereto of 1967; The Convention on the Elimination of All Forms of Discrimination against Women of 1979 (CEDAW) and the Optional Protocol thereto......parties to armed conflict must consider the specific needs of women and girls in refugee camps and settlements, including in their design.82 III.5 States must take special measures to protect their population, especially women and girls, from CRSV🔗 States must ‘take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict’.83 Appropriate measures include, among others: Enforcing...

...ICRC may propose to undertake to ensure that the authorities and other relevant actors fulfil their obligations to uphold the rights of individuals under IHL and other legal frameworks, including international human rights law (IHRL) and refugee law. Activities may include visits to persons deprived of their liberty and engaging in an informed, confidential and educational dialogue with the authorities on their international obligations.14 Read together with the term ‘assistance’ used in Additional Protocol I,15...