32 undocumented or in an irregular situation have been identified as a group in a vulnerable situation86 given that “they are the most vulnerable to potential or actual violations of their human rights”87 and they suffer from, as consequence of their situation, a lack of protection of their rights at a high level and “differences in their access […] to the public resources administered by the State [in relation to nationals or residents].”88 Evidently, this situation of vulnerability has “an ideological dimension and occurs in a historical context that is distinct for each State and is maintained by de jure (inequalities between nationals and aliens in the laws) and de facto (structural inequalities) situations.”89 Moreover, cultural prejudices about migrants lead to reproduction of the situation of vulnerability, which make it difficult for migrants to integrate into society.90 Finally, it is worth mentioning that the human rights violations committed against migrants many times go unpunished due to, inter alia, the set of cultural elements which justify it, the lack of access to power structures in a given society and the legal and factual impediments which make the effective access to justice illusory.91 99. Pursuant to the principle of effectiveness and the need of protection in those cases of people or groups in situation of vulnerability,92 this Tribunal shall interpret and give essence to the rights enshrined in the Convention, according to the evolution of the international corpus juris existing in relation to the human rights of migrants, taking into account that the international community has recognized the need to adopt special measures to ensure the protection of the human rights of this group.93 100. This does not mean that they cannot take any action against migrants who do not comply with the State legal system. However, it is important that, when taking the corresponding measures, States should respect human rights and ensure their exercise and enjoyment to all persons who are in their territory, without any discrimination owing to their regular or irregular residence, or their nationality, race, 86 Likewise, the United Nations General Assembly highlighted “the situation of vulnerability in which migrants frequently find themselves, owing, inter alia, to their absence from their State 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 for the return to their States of origin of migrants who are nondocumented or in an irregular situation.” United Nations, General Assembly, Resolution A/RES/54/166 on “Protection of migrants” of February 24, 2000, Preamble, para. Fifth, cited in Juridical Condition and Rights of the Undocumented Migrants, supra note 82, para. 114. 87 United Nations, Economic and Social Council, “Specific Groups and Individuals: Migrant Workers. Human Rights of Migrants,” Report of the Special Rapporteur, Mrs. Gabriela Rodriguez Pizarro, submitted pursuant Order 1999/44 of the Commission on Human Rights, E/CN.4/2000/82, of January 6, 2000, para. 28. 88 Juridical Condition and Rights of the Undocumented Migrants, supra note 82, para 112. 89 Juridical Condition and Rights of the Undocumented Migrants, supra note 82, para 112. 90 Cf. Juridical Condition and Rights of the Undocumented Migrants, supra note 82, para 113. 91 Cf. United Nations, Economic and Social Council, “Specific Groups and Individuals: Migrant Workers. Human Rights of Migrants,” Report of the Special Rapporteur, Mrs. Gabriela Rodriguez Pizarro, submitted pursuant Order 1999/44 of the Commission on Human Rights, E/CN.4/2000/82, of January 6, 2000, para. 73, and Juridical Condition and Rights of the Undocumented Migrants, supra note 82, para 112. 92 Cf. Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations, and Costs. Judgment of March 29, 2006. Series C No. 146, para. 189; Case of Ibsen Cárdenas and Ibsen Peña, supra note 28, para. 90, and Case of the Xákmok Kásek Indigenous Community, supra note 28, para. 250. 93 Cf. Juridical Condition and Rights of the Undocumented Migrants, supra note 82, para. 117, quoting United Nations, World Summit for Social Development, held in Copenhagen, March 6 to 12, 1995, A/CONF.166/9, of April 19, 1995, Programme of Action, paras. 63, 77, and 78, available at: http://www.inclusion-ia.org/espa%F1ol/Norm/copspanish.pdf; United Nations, Report of the United Nations International Conference on Population and Development held in Cairo from 5 to 13 September, 1994, A/CONF.171/13, October 18, 1994, Programme of Action, Chapter X.A. 10.2 to 10.20, available at: http://www.un.org/popin/icpd/conference/offspa/sconf13.html, and United Nations General Assembly, World Conference on Human Rights held in Vienna, Austria, on 14 to 25 June, 1993, A/CONF.157/23, July 12, 1993, Declaration and Programme of Action, I.24 and II.33-35, available at: http://www.cinu.org.mx/temas/dh/decvienapaccion.pdf.

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