IOM Information Note on Access to Justice: A Migrant's Right

This information note emphasizes the importance of ensuring that migrants, regardless of their legal status, have meaningful access to justice. It outlines the general principles of access to justice, including non-discrimination, equal and effective access to tribunals, fair proceedings, and the right to an effective remedy. The document highlights the challenges migrants face, such as discriminatory policies, lack of information, and fear of deportation, which often prevent them from seeking justice.

The note further explores specific contexts where access to justice is crucial for migrants, such as at borders, in employment, during detention, and in cases of expulsion. It details the procedural safeguards and due process guarantees that should be in place to protect migrants’ rights in these situations. Additionally, it addresses the particular needs of groups facing greater vulnerabilities, including migrant children, women, and people of diverse SOGIESC, emphasizing the necessity of tailored approaches to ensure their access to justice.