Assistance in the Framework of the Guarantees of the Due Process of Law and on the
Juridical Condition and Rights of Undocumented Migrants, respectively,
Taking note of the judgement of the International Court of Justice of 31 March 2004 in
the Avena and Other Mexican Nationals case (Mexico v. United States of America) and
recalling the obligations of States reaffirmed therein,
Aware of the increasing number of migrants worldwide, and bearing in mind the
situation of vulnerability in which migrants and their families frequently find themselves,
owing, inter alia, to their absence from their States of origin and to the difficulties they
encounter because of differences of language, custom and culture, as well as the economic
and social difficulties and obstacles to the return of migrants, especially for those who are
undocumented or in an irregular migratory situation, to their States of origin,
Concerned at the large and growing number of migrants, especially women and
children, who attempt to cross international borders without the required travel documents,
which places these migrants in a particularly vulnerable situation, and recognizing the
obligation of States to respect the human rights of these migrants,
Deeply concerned at the manifestations of violence, racism, racial discrimination,
xenophobia and other forms of intolerance and inhuman and degrading treatment against
migrants, especially women and children, in different parts of the world,
Concerned also that the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance has indicated the appearance of new forms
of discrimination targeting migrants, among other groups,
Recognizing the increasing participation of women in international migration
movements,
Recognizing also the positive and diverse contributions that migrants make to host and
origin societies, and the efforts that some host countries undertake to integrate migrants and
their families,
Highlighting the importance of creating conditions that favour greater harmony,
tolerance and respect between migrants and the rest of society in the countries in which they
find themselves, in order to eliminate manifestations of racism and xenophobia against
migrants and members of their families,
Bearing in mind the mandate of the Special Rapporteur on the human rights of
migrants contained in its resolution 1999/44 of 27 April 1999,
Encouraged by the increasing interest of the international community in the effective
and full protection of the human rights of all migrants, and underlining the need to make
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