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Migrant worker’s right to health 2013, para. 6
- Paragraph text
- The right to health framework is primarily grounded in article 12 of the International Covenant on Economic, Social and Cultural Rights, which recognizes the right of everyone to the enjoyment of the highest attainable standard of mental and physical health. General comment No. 14 of the Committee on Economic, Social and Cultural Rights elaborates upon, and interprets, the right to health. It mandates States to respect, protect and fulfil the right to health of everyone, including migrant workers. States are also required to improve the underlying determinants of health - prerequisites for the realization of the right to health - such as education, nutritious food, potable water, adequate sanitation, and safe and healthy work and living conditions. Migration should be seen as an underlying determinant, as the processes of pre-departure and reintegration in sending States, and arrival, stay and integration in receiving States determine health outcomes of migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 7
- Paragraph text
- Rights of migrant workers are explicitly recognized under a number of international law instruments. The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families details the rights of migrant workers and their families throughout the entire migration process, tailoring the obligation of States according to the stage of migration, including departure from and return to sending States, and transit and employment in receiving States.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 8
- Paragraph text
- The International Labour Organization (ILO), through various conventions and recommendations places obligations on States and certain duties to recruitment agencies, requiring them to take steps to prevent abuse and exploitation of migrant workers. It focuses on occupational health and safety of migrant workers and recommends measures to promote reunification of families, which can have a positive effect on mental health as it provides social support to migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 10
- Paragraph text
- By mandating that non-discrimination inform all aspects of State policy, the right to health framework does not allow for any distinction between regular and irregular migrant workers on the one hand, and nationals of States, on the other. In this aspect it differs from the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which allows irregular migrant workers access to health facilities, goods and services only when urgently needed. Non-discrimination requires that socio-economic rights, such as access to health facilities, goods and services, be equally available to nationals and non-nationals, including irregular migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 11
- Paragraph text
- Fulfilling the right to health requires States to adopt and implement an evidence-based national health policy which does not discriminate against non-nationals and addresses the needs of irregular and regular migrant workers, at all stages of the migration process, including pre-departure and return. As an aspect of their right to health obligation, States should ensure availability and accessibility of quality health facilities, goods and services, including existing health insurance schemes, to migrant workers, on the basis of equality with other nationals.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 12
- Paragraph text
- Each State involved in the migration process should comply with its obligation to respect, protect and fulfil the right to health of all persons within its jurisdiction, including migrant workers. Bilateral agreements and non-binding memoranda of understanding between States are commonly used to govern labour corridors and terms and conditions to be abided by them. The regulatory structure contained in such arrangements should be enforceable and reflect principles of the right to health, especially non-discrimination, empowerment, participation, transparency and accountability of State and non-State actors.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 14
- Paragraph text
- Accordingly, States should ensure the participation of migrant workers, including irregular migrant workers, in the formulation, implementation, monitoring and enforcement of laws and policies, including in the negotiation of bilateral agreements. As trade unions are considered fundamental in promoting workers rights, including occupational health, regular and irregular migrant workers, should be encouraged to participate in or form unions. Effective participation, especially of irregular workers requires positive measures by States to create an environment in which these groups can participate without fear of sanctions. Access to timely and accurate information is a prerequisite to meaningful participation in health-related decision-making.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 15
- Paragraph text
- States, including receiving States, should ensure involvement of migrant workers in decision-making processes and awareness-raising strategies, particularly in relation to accessing health services. Participation will also raise awareness among potential migrant workers about issues such as migration stress factors, illegal recruiting practices, their rights in sending and receiving States and obligations of foreign employers. Community participation will assist in making health services culturally and linguistically appropriate for migrant workers. In some States, civil society organizations have successfully involved migrant workers in outreach and referral programmes resulting in culturally and linguistically appropriate information for migrant workers, thus encouraging community-led initiatives.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 18
- Paragraph text
- Sending and receiving States should also ensure legal redress through quasi-judicial or judicial mechanisms to enable migrant workers to enforce their rights against State and non-State actors. States should also provide for appropriate relief, by way of compensation, restitution or non-repetition, for violations of the right to health. Such relief should also include temporary measures such as shelters for abused domestic workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 19
- Paragraph text
- The full realization of the right to health is closely dependent on the State's obligation to ensure availability and accessibility of meaningful information to support decision-making in respect of migration. Providing information to potential migrant workers, particularly about their rights, is also necessary for empowering them against possible abuse and exploitation by actors involved in the migration process.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 20
- Paragraph text
- Information about costs assumed in the migration process, recruitment agencies, terms and conditions of work in and practical information about receiving States, potential dangers and benefits of migrating to a particular country, risks associated with migration and employment and ways to counter them should be provided before a commitment to migrate has been made. Potential migrant workers should also be made aware about policies of receiving States, such as compulsory health testing, entitlement to and accessing health-care services. Common methods to spread such information have included issuing warnings, publishing a list of licensed and blacklisted agencies on websites and in newspapers and mass media information campaigns.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 21
- Paragraph text
- Closer to the time of departure, pre-departure orientation sessions are conducted in some countries to prepare migrant workers for their time in the receiving State and to train them for their jobs. During these sessions, migrant workers should be provided with understandable information regarding their rights, health information, such as preventing the transmission of communicable diseases like HIV, and health facilities available in receiving States. Pre-departure training sessions are critical for informing migrant workers about their rights vis-à-vis the receiving State and the employer. Pre-departure sessions should also be used to provide information on recourse mechanisms, such as consular protection, available in the event of abuse, exploitation or other rights violations. States should ensure information is accurate and relevant during pre-departure sessions, including those conducted by private agencies.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 22
- Paragraph text
- Returnee migrant workers along with organizations working with migrant workers should be encouraged to hold training and informational sessions to make outgoing migrant workers aware of situations and experiences they are likely to face in receiving States and recourse available to them in times of abuse, exploitation and distress. However, as pre-departure sessions frequently take place only a short time prior to departure, this does not give migrant workers enough time to process the information. Pre-departure sessions and trainings should, therefore, be designed and conducted in ways that ensure maximum understanding of the information by migrant workers. Post-arrival orientation sessions that reinforce and contextualize information received during pre-departure sessions should also take place to support migrant workers with integration in receiving States.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 23
- Paragraph text
- States are obligated to protect the right to health of individuals from interference by third parties. Recruitment agencies, which are mostly private enterprises, are typically the first point of contact in the formal migration process for low-skilled migrant workers, many of whom are illiterate and poor. They provide information to migrant workers about job opportunities and living and work conditions in receiving States for a fee. They also arrange documentation necessary for migration, thus playing a crucial role in guiding migrant workers through important phases of migration. Dependence on recruitment agencies may render migrant workers vulnerable to exploitation and abuse, necessitating regulation of recruitment agencies by sending States.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 24
- Paragraph text
- As an essential aspect of protecting the right to health of migrant workers, States should ensure monitoring and accountability of recruitment agencies. States may monitor recruitment agencies through legislation, providing for mandatory licensing requirements, regular reporting and independent monitoring and inspections. Monitoring is also necessary to prevent illegal recruitment agencies from entering the market and exploiting migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 26
- Paragraph text
- Some States prohibit agencies from recruiting workers or a class of workers, such as domestic workers, to countries or employers who habitually deprive migrants of adequate rest, nutritious food, medical care and sleep. However, as this may result in migrant workers seeking riskier routes to foreign employment, sending States should ensure that bilateral agreements with receiving States provide for strong protections and enforcement mechanisms against abuse and exploitation.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 27
- Paragraph text
- States should ensure that migrant workers have access to legal remedies, including compensation, in cases where recruitment agencies have contributed to the violation of rights or have not complied with requirements under national law or policy.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 28
- Paragraph text
- Immigration policies, such as compulsory medical testing, detention and deportation, especially when contained in bilateral arrangements between States, require the involvement of sending and receiving States in enforcing them. Such immigration policies, including those contained in bilateral agreements, should be in conformity with States' (both sending and receiving) obligation to respect, protect and fulfil the right to health of migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 29
- Paragraph text
- Many receiving States require migrant workers to undergo compulsory medical testing for certain conditions such as HIV, tuberculosis and pregnancy as part of their immigration policy. Though quite a few countries have eased HIV-related travel restrictions, compulsory testing for HIV for residence and work, especially for low-skilled migrant workers, continues in over 40 countries. This is despite commitment by States to enact legislation eliminating all forms of discrimination against persons living with HIV and recommendations against compulsory tests for migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 32
- Paragraph text
- In some cases, even where prohibited under the laws of the sending States, outbound migrant workers may be subjected to compulsory testing because the receiving State may require it before granting work permits to migrant workers. Policies of receiving States that require compulsory tests for exclusively incoming migrant workers may be additionally discriminatory if similarly situated foreign nationals such as tourists or even diplomats may not be required to undergo compulsory testing.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 33
- Paragraph text
- Furthermore, test results are passed on to employers or recruitment agencies without the migrant worker's consent, breaching the requirement of confidentiality and contrary to international recommendations. Additionally, pre- and post-test counselling protocols may not be followed, even when required by law. A right to health approach, however, requires that counselling, voluntary testing and treatment be treated as a health-care continuum. Migrant workers who test positive for HIV may remain in an irregular situation, making them more vulnerable to abuse by employers and less likely to access medical treatment. In cases of pregnancy, women may resort to risky illegal abortion to avoid deportation. Further, compulsory testing stigmatizes those who are deported based on positive test results.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 34
- Paragraph text
- Receiving States frequently use the public health rationale to detain and deport migrant workers with specific health statuses, such as HIV, Hepatitis C or Hepatitis B. In linking immigration policies with health status, the right to health requirements of confidentiality, counselling and referral are overlooked.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 36
- Paragraph text
- Detention centres are often overcrowded, lack basic standards of hygiene, nutritious food and water. They have been described as centres of abuse and violence against migrant workers. Long periods of detention and poor living conditions in detention centres facilitate the transmission of communicable diseases and can have a devastating effect on the mental health of migrant workers. Health-care services in some detention centres are reportedly unavailable, difficult to access and of poor quality, which is particularly concerning for migrant workers detained due to health status. Migrant workers living with HIV have faced stigmatization and harassment as a result of lack of confidentiality in detention. Where States persist with immigration detention, they should, at the minimum, provide detainees with adequate living conditions, consensual medical check-ups and make quality and confidential physical and mental health facilities available and accessible in a timely manner.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 37
- Paragraph text
- The fear of detention and deportation prevents migrant workers from accessing health care, which may endanger their health and that of the broader population, thereby undermining public health justifications for detention and deportation. Further, employers may misuse laws providing for detention and deportation to exploit migrant workers. Fear of detention and deportation renders migrant workers more vulnerable and unable to enjoy the right to health and its underlying determinants. To fulfil the right to health of migrant workers, States should try to develop alternative detention policies more in line with the right to health. Additionally, without referral for counselling and treatment, deported migrant workers may also face difficulties in accessing health facilities, goods and services upon return to the sending State.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 38
- Paragraph text
- Ensuring the availability, accessibility, acceptability and quality of health facilities, goods and services on a non-discriminatory basis, especially for vulnerable populations like migrant workers, is a core obligation under the right to health. Non-discrimination requires that regular and irregular migrant workers be equally entitled to freedoms and entitlements available to nationals of States. Access to health care in many receiving States, however, is dictated by restrictive immigration policies and public perceptions of 'non-deserving' migrant workers, particularly those in an irregular situation. In the wake of the global economic crisis and associated austerity measures, States have legislated limitations on previously available health-care benefits for migrant workers. Such limitations are contrary to States' obligation to desist from taking retrogressive measures that impact on health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 41
- Paragraph text
- Policies linking access to health systems with immigration control discriminate against irregular migrants. In some countries, health-care providers are required, under threat of criminal sanction, to report irregular migrants to immigration authorities, which may lead to detention and deportation. As a result, instead of seeking formal channels of care, irregular migrant workers resort to unsafe and illegal options. This renders them vulnerable to abuse, exploitation and increased health risks.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 42
- Paragraph text
- The right to health obligates States to protect migrant workers against non-State parties that restrict their access to health care. Migrant workers are often refused health services, particularly specialized referral services on the basis of income qualification, and sometimes even because of incomplete paperwork. For irregular migrant workers, administrative barriers associated with their uncertain legal status are often an impediment to health care. Additionally, issues such as limited office hours or caps on the number of applications processed, may also act as barriers to access.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 43
- Paragraph text
- A right to health approach requires States to disseminate culturally appropriate health-related education and information to both regular and irregular migrant workers. Anti-immigrant austerity measures in some States, however, have reduced subsidies for interpretation and translation services in health-care settings. Lack of familiarity with the local language may put migrant workers at a disadvantage, as they may not be able to sufficiently describe symptoms to enable accurate diagnosis and quality treatment. Furthermore, an inability to understand health-related information and education may result in migrant workers unwittingly engaging in risky health behaviours. States should therefore ensure budgetary support for linguistically appropriate health services, interpreters and information and education.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 45
- Paragraph text
- Ensuring continuous access to treatment and medicines on a non-discriminatory basis is crucial to the right to health framework. Migratory processes and pressures can expose migrant workers to increased risk of contracting communicable diseases particularly HIV. There is therefore a need to ensure that continuous treatment is available to these populations throughout the entire process. Treatment interruptions, lack of follow-up and treatment failures are documented at higher rates among migrants than the stationary population. Some States have adopted regional frameworks, such as the Ibero-American Social Security Convention, and bilateral social security agreements to ensure "portability" of social security, including health-care benefits, from sending to receiving States, which allows migrant workers to enjoy such benefits, independent of their immigration status. States are encouraged to adopt such approaches with respect to access to treatment for chronic diseases, such as HIV, in order to maximize adherence rates in both sending and receiving States.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 46
- Paragraph text
- Occupational health is integral to the right to health. States should ensure that occupational health laws and policies address the unique vulnerabilities of migrant workers in dirty, dangerous and degrading (3D) industries and are implemented, monitored and enforced. The vulnerability of migrant workers in 3D jobs may be further intensified in cases of irregular migrant workers, who, due to their legal status are in a weaker position to negotiate their rights with employers. Furthermore, lax enforcement of laws and mechanisms like sponsorship systems in some countries, encourage exploitative practices. Sponsorship ties a migrant's authorization to work with one specific employer, and in some States, sponsorship gives an employer the power to refuse a migrant worker's request to transfer to another employer - such transfer may be sought due to abusive or unsafe working conditions.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph