Fundamental human rights, protected by UN instruments such as the International Covenant on Civil and Political Rights and International Covenant on Economic Social and Cultural Rights, must be guaranteed to all persons present in signatory states; which includes all migrants. In relation to migration and freedom of movement specifically, Article 13 (1) of the Universal Declaration of Human Rights, (1948), states, "everyone has the right to freedom of movement and residence within the borders of each State" and that "everyone has the right to leave any country, including his own, and to return to his country". This provision is reiterated in the International Covenant on Civil and Political Rights, (1966) (ICCPR), a legally binding instrument. Although these instruments guarantee freedom of movement this is limited to movement within a particular country, and not between different countries, a universal right to freedom of movement does not exist within UN law.

UN human rights law has significantly influenced national immigration law and policy, particularly in relation to refugees. The 1951 Convention Relating to the Status of Refugees, which has been incorporated into the number of national jurisdictions and signed by 140 signatories of the United Nations, prohibits the expulsion or return (refoulement) of refugees to territories where their life or freedom would be threatened on the grounds of race, religion, nationality, membership of a particular social group or political opinion. National immigration law and policy may also have been influenced by the right to protection of the family in the ICCPR. The International Convention on the Protection of the Rights for Migrant Workers and Members of Their Family, (1990), in force from July 2003, provides significant protection to all migrants and their families engaged in employment in a country other than their country of nationality. This UN Convention does not however create a legal right to migrate for the purposes of employment.

Discrimination is prohibited on a number of grounds, including race, colour, and national or ethnic origin by a number of instruments including, the ICCPR, and the International Convention on the Elimination of All Forms of Racial Discrimination, (1966). These instruments provide protection to migrants discriminated against in signatory States. The Convention on the Elimination of All Forms of Discrimination against Women, (1979), provides protection from discrimination and a number of human rights safeguards to migrant woman. Migrant children would be protected under the United Nations Convention on the Rights of the Child (1989), which ensures human rights protection to children.

The offences of trafficking in persons, particularly women and children and smuggling of migrants by land, sea, and air, are prohibited by two Protocols to the United Nations Convention against Transnational Organised Crime, (2001). Both Protocols apply to the prevention, investigation aand prosecution of such offences. The Protocol on trafficking aims to prevent and combat trafficking and protect the victims involved. Under the Protocol on smuggling, the migrants are not criminalised and smugglers themselves may not be criminalised if their intentions are purely humanitarian.

The UN has acknowledged the difficulties faced by internally displaced persons. The Guiding Principles on the Treatment of Internally Displaced Persons 1998 guarantee all rights and freedoms available to citizens of States under domestic and international law to the internally displaced. A primary duty is placed on national authorities to provide protection to internally displaced persons within their jurisdiction.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.