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Report on expert consultation on access to medicines 2011, para. 44
- Paragraph text
- The right of everyone to the enjoyment of the highest attainable standard of health encompasses access to medical services and the underlying determinants of health, such as water, sanitation, non-discrimination and equality. As access to medicines is an integral and fundamental part of the right to health, Governments and the international community as a whole have a responsibility to provide access to medicines for all. Yet massive inequalities remain in access to medicines around the world, as up to 2 billion people (or one third of the world's population) lack access to essential medicines. Most of them live in low- and middle-income countries, where the needs of persons living in poverty, women, children and undocumented migrants, as well as other marginalized and vulnerable groups who are often discriminated against in terms of access to medicines, are ignored or underestimated.
- 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
- Poverty
- Water & Sanitation
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76h
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Delink access to health facilities, goods and services from the legal status of migrant workers and ensure that preventative, curative and emergency health facilities, goods and services are available and accessible to all migrant workers, including irregular migrant workers, in a non-discriminatory manner. States should endeavour to prevent treatment interruption for migrant workers and remove barriers to accessing health care, such as those that are linguistic, cultural, administrative and employment-related;
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76l
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Prevent the detention and deportation of migrant workers based on their health status and ensure the provision of care and treatment to such migrant workers at the first instance. At minimum, States should ensure that migrant workers are not deported without referral for treatment or to States where the required treatment is not available and accessible;
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76c
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Encourage collection of disaggregated data by age and gender of all migrant workers, to assess their level of health-related knowledge, health needs and occupational injuries and deaths, including suicide, and accordingly inform policies regarding migrant workers. Such information should be protected by adequate data protection measures to ensure privacy and confidentiality of the data;
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76n
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Encourage the establishment of migrant workers associations and trade unions to ensure effective representation and participation of migrant workers, including irregular and returnee migrant workers, in the formulation, implementation, monitoring and enforcement of laws and policies, including outreach and referral programmes, pre-departure sessions and social support groups.
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76a
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Institute, for regular and irregular migrant workers, evidence-based and gendered national health policies informed by the right to health framework, in particular non-discrimination and equality. Such policies should extend rights and entitlements - including underlying determinants of health - and redress mechanisms in cases of violation 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)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76b
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Establish labour corridors through enforceable bilateral agreements, in accordance with the right to health framework, which clearly define the rights of migrant workers, obligations of recruitment agencies, employers and States, and remedies, including compensation for violations, in line with the right to 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)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76g
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Abolish discriminatory immigration policies that require mandatory testing for health conditions, such as HIV and pregnancy, which are not based on clearly established scientific evidence and violate the right to 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
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76
- Paragraph text
- The right to health approach to migrant workers fills gaps in existing frameworks that protect migrant workers and their families and bolsters protections contained therein. It provides necessary safeguards to migrant workers by recognizing that migrant workers and nationals of a specific State have equal rights which must not be limited. [...]
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76d
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Provide potential migrant workers with information about their rights, particularly the right to health, as well as about recruitment agencies, employers and States, recourse for redress and protection from abuse;
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76i
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Ensure access to mental-health facilities, goods and services, including social support groups and family reunification programmes, for all migrant workers - including irregular and returnee 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76f
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Protect migrant workers from abuse by recruitment agencies and employers by ensuring employment contracts are in accordance with the right to health and are enforceable;
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76k
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Ensure protection of migrant workers, especially those in dangerous industries, from abuse and exploitation by employers by providing accessible redress mechanisms and compensation in cases of violation;
- 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76m
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Prevent the detention and deportation of irregular migrant workers and instead regularize their stay on objective criteria, in order to protect them from exploitation and ensure their full enjoyment of the right to 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 type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76e
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Regulate recruitment agencies through laws which discourage illegal recruitment and provide for rigorous monitoring and accountability mechanisms;
- 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 type
- Conclusion / Recommendation
Paragraph
Right to health in conflict situations 2013, para. 72c
- Paragraph text
- [The Special Rapporteur urges States to fulfil their international obligations and, in particular:] To respect, protect and fulfil the right to health of persons fleeing from conflict situations.
- 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)
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migrant worker’s right to health 2013, para. 76j
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Extend existing domestic labour laws, occupational health and safety laws, social insurance schemes and other protections to all categories of migrant workers, including domestic workers, sex workers and 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
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Right to health in conflict situations 2013, para. 60
- Paragraph text
- The right to health framework recognizes that international and non governmental organizations have particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including providing assistance to refugees and internally displaced persons. International and non governmental organizations may also be involved in conflict as monitors, mediators, peacekeeping forces and territorial administrators. Such organizations should ensure that they take due account of the right to health in their decisions and activities, including by adopting rights-based health policies, paying special attention to the needs of vulnerable groups and ensuring participation of affected communities. They should ensure that robust accountability mechanisms exist, particularly in peacekeeping and peace-enforcement situations. These include effective disciplinary systems, clear operational standards, systems for monitoring and data collection, and accessible independent dispute-resolution systems, especially for international organizations that enjoy immunity from domestic jurisdiction.
- 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
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
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 type
- Other
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 type
- Other
Paragraph
Migrant worker’s right to health 2013, para. 30
- Paragraph text
- Justifications for compulsory testing revolve around protection and preservation of public health and resources in the receiving State. However, compulsory testing, especially for HIV, is not only counterproductive to the public health approach but is in violation of the right to health. Compulsory medical testing does not consider the window period required for an accurate test. Further, in cases of false negative results, individuals may engage in unsafe sexual practices, exposing sexual partners to increased risk. False positive results may lead to mental trauma among migrant workers, considering the stigma that may be associated with particular health conditions. Additionally, as both their immigration from sending States and stay in receiving States is dependent on these tests, migrant workers may avoid getting tested, forge documents or even stop treatment, thus driving the disease underground. Compulsory testing is also no guarantee against transmission of communicable diseases once migrant workers are inside the receiving 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
- Health
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
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 type
- Other
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 type
- Other
Paragraph
Migrant worker’s right to health 2013, para. 71
- Paragraph text
- Domestic and sexual violence, lack of redress for rights violations and lower wages than male counterparts reflect gender-based discrimination and aggravate its negative effects in the health-care setting and access to health care faced by migrant workers generally. Furthermore, gendered power imbalances and lack of access to health services, information and redress affects the ability of women, especially sex workers, to negotiate safe sex, which increases their vulnerability to HIV. Sending and receiving States should therefore address the compounded vulnerability of female migrant workers, particularly those with irregular status, in the development and implementation of evidence-based and participatory health policies and strategies.
- 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
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
- Paragraph type
- Other
Paragraph
Migrant worker’s right to health 2013, para. 44
- Paragraph text
- Health-seeking behaviour can be influenced by a migrant worker's cultural background. Cultural misunderstandings and apprehension of procedures which they are not traditionally and culturally familiar with act as barriers to access. Migrant workers may therefore prefer doctors who practise their native traditional systems of medicines and who better understand their diseases, as opposed to the host State's health-care providers, who are perceived to lack cultural sensitivity to their health problems and sometimes racist and therefore discriminatory.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Migrant worker’s right to health 2013, para. 55
- Paragraph text
- Discrimination and prejudice based on gender, ethnicity and socio-economic status intersect, causing chronic stress and making migrant domestic workers a highly vulnerable and marginalized group. Owing to their vulnerability, isolation and dependence, migrant domestic workers experience a range of violations which negate their enjoyment of the right to health and its underlying determinants. Violations include food and sleep deprivation, denial of medical treatment, squalid living conditions, non-payment of wages, excessive work hours (increasing the risk of accidents) and psychological, physical and sexual abuse. Cardiovascular, endocrine, skin, musculoskeletal, and psychological conditions have also been documented among migrant domestic workers, with worst cases resulting in death, including suicide.
- 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 type
- Other
Paragraph
Migrant worker’s right to health 2013, para. 56
- Paragraph text
- Migrant domestic workers are frequently excluded or inadequately covered by the receiving State's labour laws and social protections, including health insurance. Sponsorship systems, debt, language barriers, fear of arrest, detention or deportation and a lack of effective recourse for violations interact to varying degrees in different receiving States to facilitate the systematic exploitation and abuse of domestic workers. The situation of some migrant domestic workers has even been described as "modern-day slavery". In order to fulfil the right to health, States are obligated to address the particular vulnerability of migrant domestic workers under labour, occupational health and safety and social protection laws.
- 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 type
- Other
Paragraph
Migrant worker’s right to health 2013, para. 57
- Paragraph text
- The Special Rapporteur is pleased to observe the adoption by the International Labour Office (ILO) in 2011 of Domestic Workers Convention No. 189 and Recommendation No. 201, which details requirements for protection from harassment and violence, occupational health and safety, written contracts and protection under labour laws. This follows general comment No. 1 (2010) on migrant domestic workers of the Committee on the Protection of the Rights of all Migrant Workers and Members of Their Families, which pays particular attention to the vulnerability of migrant domestic workers throughout the different stages of migration. Implementation of these instruments would provide greater protection to migrant domestic workers at all stages of the migration process, thereby creating an enabling environment consistent with the obligation to fulfil the right to 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
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 94
- Paragraph text
- To date, the approach to violence reduction has been fragmented, compartmentalizing different forms of violence. Importantly, many forms of violence continue to be tolerated within societies and even supported by States. For example, violence against women and children remains accepted in many societies as a cultural norm. The institutional care of young children, a clear act of violence against children, remains widespread in many countries. Around the world, many groups in vulnerable situations, including women, persons with disabilities, migrants and refugees, and lesbian, gay, bisexual, transgender and intersex persons, experience numerous forms of violence. Each example is also a violation of various human rights protected under international law, including the right to 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)
- Violence
- Person(s) affected
- Children
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2016
- Paragraph type
- Other
Paragraph
The right to mental health 2017, para. 12
- Paragraph text
- One decade later, progress is slow. Effective, acceptable and scalable treatment alternatives remain on the periphery of health-care systems, deinstitutionalization has stalled, mental health investment continues to be predominantly focused on a biomedical model and mental health legislative reform has proliferated, undermining legal capacity and equal protection under the law for people with cognitive, intellectual and psychosocial disabilities. In some countries, the abandonment of asylums has created an insidious pipeline to homelessness, hospital and prison. When international assistance is available, it often supports the renovation of large residential institutions and psychiatric hospitals, undermining progress.
- 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
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2017
- Paragraph type
- Other
Paragraph