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Development and people of African descent 2015, para. 64
- Paragraph text
- States should take concrete measures to eliminate racism, racial discrimination, xenophobia and related intolerance in the workplace against all workers, in particular Africans and people of African descent, including migrants and women, and ensure the full equality of all before the law, including labour law. States should ensure that workers' rights of people of African descent, including those relating to fair and equal wages, are protected, by increasing the effectiveness of legislation that prohibits all discriminatory practices in employment and the labour market that affect people of African descent, including through the implementation of special measures to promote the employment of people of African descent in public administration, as well as in private companies, including affirmative action policies such as quota systems.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 65
- Paragraph text
- In addition to Miguel's correlation of income and witchcraft, it has also been documented that there can be a plausible link between the surge in occult practices, including witchcraft, and the pressures and opportunities people are faced with in a changing socioeconomic order. A study of specific mining towns where the use of body parts of persons with albinism in lucky charms has been documented indicates that the cumulative influx of a large number of migrant miners, generational and cultural divides within the local villages, and the social change propelled by the rapid focus on mineral extraction for income in the local economy are among the factors which triggered a symbiotic relationship between miners seeking luck and comparative advantage in their work on the one hand and the witchdoctor on the other hand.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 86
- Paragraph text
- Women and girls belonging to minority communities, rural and indigenous women, migrant women, refugee women and those seeking asylum, and poor women face discriminatory practices in the implementation of laws on nationality and citizenship. They face prejudicial attitudes as well as structural obstacles which limit access to formal registration of births, marriage, residence and other citizenship documents as well as to relevant information on their rights as citizens. Women who are de facto heads of households, including those who have been abandoned by their husbands, whose divorce is not legally registered, or whose husbands have been forcibly disappeared and do not have death certificates for their husbands , are denied recognition of their status in official documents. Without such access, women from these communities become disproportionately vulnerable in exercising their full and equal rights as citizens.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2013
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 50
- Paragraph text
- Women in the informal economy have, furthermore, been deeply affected by economic crisis. There is an "added worker" effect, whereby women enter the labour force to provide additional income security to the household, often forcing them into precarious work, migrant labour overseas or exposing them to trafficking. According to Women in Informal Employment: Globalizing and Organizing, nearly 40 per cent of street vendors interviewed in developing countries in 2009 had experienced an overall deterioration of employment and income levels, and 84 per cent of own-account home-based workers reported reduced monthly incomes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 51
- Paragraph text
- Domestic workers caring for children, the disabled and ageing people, are a highly vulnerable category of employees, often in the informal sector. About 83 per cent are women or girls, and many are migrant workers. Domestic workers often encounter deplorable working conditions; labour exploitation; extortionate recruitment fees resulting in debt; confiscation of passports; long, unregulated hours of work; lack of privacy; exposure to physical and sexual abuse; and separation from their own families and children. The ILO Domestic Workers Convention (No. 189) calls for States to guarantee decent work for domestic workers, and thus several countries have introduced new protections.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 52
- Paragraph text
- Women migrant workers face exploitation and abuse, often finding themselves in precarious employment without effective legal protections, particularly if they have irregular or undocumented legal status. About half of the world's migrant workers are women, most of them finding work in traditionally female-dominated occupations such as domestic work or in the garment and textile industries. General Recommendation No. 26 of the Committee on the Elimination of Discrimination against Women, on women migrant workers, emphasizes that all categories of women migrants must be protected against discrimination. The ILO Migrant Workers Convention (No. 143) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families also provide important protections.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 73a (iv)
- Paragraph text
- [The Working Group recommends that States:] Establish a national legal framework recognizing gender equality in cultural and family life, in accordance with regional and international standards: (iv) Develop effective mechanisms to combat the multiple and intersecting forms of discrimination suffered by all marginalized women, including minority women, women living in poverty, women with disabilities, refugee and displaced women, migrant and immigrant women, rural women, indigenous women, older women and single women;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 100
- Paragraph text
- Women's access to health services in many countries is not autonomous, affordable and effective, elements which are essential for States to respect, protect and fulfil women's and girls' rights to life, health, privacy, equality and human dignity. A major barrier is lack of affordability as a result of exclusion from insurance for treatments specifically needed by women and girls or exclusion of groups of women such as migrants. Non-affordability severely discriminates against women living in poverty. Barriers also include restrictive legislative requirements, biased and stigmatized provision of services and conscientious objection to providing services.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 26
- Paragraph text
- The Special Rapporteur also notes that the international norms and instruments listed earlier pay little attention to the particular situation of the educational rights of migrants, refugees and asylum-seekers. The same is the case with many other instruments, such as the Convention concerning Migration for Employment (Revised 1949), the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992), and the European Charter for Regional or Minority Languages (1992).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 27
- Paragraph text
- However, the Special Rapporteur observes that the Convention relating to the Status of Refugees and its 1967 Protocol (arts. 4 and 22) and the Migrant Workers Convention reiterate the right to educational choice and the obligation of the contracting States to accord to refugees the same treatment as is accorded to nationals with respect to “elementary education” and to ensure “equal opportunities” with respect to non-elementary education. This includes access, the recognition of certificates and diplomas, the remission of fees and charges and the award of scholarships. Moreover, in accordance with article 28.1 of the Convention on the Rights of the Child “equal opportunity” in terms of the “best interest” principle may justify differential treatment of migrant, refugee and asylum-seekers’ children, such as mother-tongue teaching, provided that non-discrimination measures are in place, although in article 45.4 of the Migrant Workers Convention, there is no obligation for receiving States to provide special mother-tongue instruction schemes.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 38
- Paragraph text
- Segregation can take many forms, but invariably results in discrimination and thus impedes social mobility through education. In this respect, the Special Rapporteur notes that “ability” grouping (and tracking) within learning environments may be based on a variety of factors, including socio-economic background, ethnic origin and migrant status. Early-ability grouping and tracking has been shown to impact negatively on the school achievement of migrant students and students of migrant origin. In particular, migrants are more likely than their native peers to be diagnosed as having “special needs” resulting in their placement in separate institutions providing “special” education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 29
- Paragraph text
- The Special Rapporteur is also concerned by the incomplete realization of the right to education of migrants, refugees and asylum-seekers (or children thereof) of irregular status. The Special Rapporteur thus welcomes the increasing recognition of equality of treatment irrespective of legal status, as expressed in the International Labour Organization (ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the United Nations Migrant Workers Convention, the final report of the 1994 International Conference on Population and Development (principle 12) and the 2000 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however, views the lack of ratification of, in particular, the United Nations Migrant Workers Convention (which by February 2010 had been signed by only 31 of the 192 United Nations Members, of which virtually all are countries of emigration) as indicative of State apathy in this area.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 30
- Paragraph text
- The Special Rapporteur further notes that child migrants and refugees, often in search of education and work opportunities, are particularly vulnerable to forced, compulsory and exploitative labour and sexual abuse. International instruments, such as the ILO Minimum Age Convention No. 138 and the European Social Charter (revised) (art. 7.2), establish 15 as the minimum age for both the completion of compulsory schooling and entry into employment. Consequently, the increased reduction of the right to education in elementary schooling undermines the protection of child migrants and refugees from hazardous work. This is related to the understanding that education can, and should, serve as an important tool to protect children from sexual and gender-based violence, HIV/AIDS, military recruitment, crime and drugs, inter alia.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 31
- Paragraph text
- Equally, restricted access to education jeopardizes entitlements to the knowledge and skills and values that might directly contribute to societal development (democracy, non-violent conflict resolution, mutual respect, tolerance and respect for the natural environment) and full human development (personality, talents, mental and physical abilities, the respect for migrants’ and refugees’ own culture, language and values), as expressed in the Convention on the Rights of the Child (arts. 29, 31 and 32) and the 1993 Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 48
- Paragraph text
- The Special Rapporteur takes this opportunity to emphasize that school learning content and non-formal learning for refugees and asylum-seekers in refugee camps should aim to transmit key life-saving and life-sustaining messages (including landmine and unexploded ordinance awareness, rapid evacuation, skills-based health education, conflict resolution, humanitarian norms, child protection, etc.) in addition to preparation for local integration, repatriation or resettlement. In this regard, the Special Rapporteur specifically draws attention to, and welcomes, the educational work of UNHCR, but encourages increased attention, intensity and breadth in its provision.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 50
- Paragraph text
- The shortage of teachers is a major obstacle to access and good quality education for refugees, asylum-seekers and migrants. Overcrowded and unmanageable classes increase student dropout. Especially in developed countries, schools with a large migrant and refugee proportion are often the most disadvantaged in terms of funds and qualified and experienced staff. In refugee camps, low and/or inappropriate compensation (teachers receiving monetary or non-monetary “incentives” instead of salaries) encourage teachers to work for NGOs or for schools outside the camp rather than in a refugee school.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 82
- Paragraph text
- [Regarding the legal and normative framework, the Special Rapporteur is of the view that:] • As the International Conference on Population and Development (1994) identified migration as a consequence of significant global economic transformations, the Special Rapporteur is particularly concerned by the fact that half of the world’s out-of-school children — 39 million — live in conflict-affected areas. Moreover, as 80 per cent of all refugees are hosted by countries of the developing world, which figure shows that a disproportionate burden is carried by those least able to afford it, increased international cooperation and sharing of responsibility is required, as called for in the International Covenant of Economic, Social and Cultural Rights and the Dakar Framework for Action adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2000. As underdevelopment is a “principal root cause” of migration, helping Governments to realize the right to development becomes imperative.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Financing education and update on education in emergencies 2011, para. 67
- Paragraph text
- The Special Rapporteur underlines that emergencies do not relieve States from their obligation to take all appropriate measures to ensure the realization of the right to education of all persons in their territories, including non-nationals, refugees or internally displaced groups. Ensuring financial support for primary education in order to guarantee that it continues to be available during emergencies, making secondary education available without discrimination and promoting access to higher education on the basis of capacity are nothing more than the fulfilment of a human rights obligation.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 23
- Paragraph text
- In agriculture, contemporary forms of slavery have reportedly occurred in many countries, involving crops such as sugar cane, cut flowers, fruit and vegetables, tropical nuts and commodities, for example, palm oil, cotton, cocoa, tobacco and beef. Production in the sector often relies on temporary or migrant labour and is characterized by complex contracting and subcontracting chains, as well as smallholder farming in some cases. Much of the work on remote farms and plantations is typified by excessive working hours, lack of compliance with labour laws, weak or non-existent labour inspections and corruption. Competition to produce at the lowest cost enhances the risk of contemporary forms of slavery being involved in agriculture, especially debt bondage in impoverished rural communities and among vulnerable categories of workers, such as indigenous people, minorities, migrants, women and children.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
Paragraph
The right to access information 2013, para. 25
- Paragraph text
- The gravity and the scale of the practice of disappearances by the regimes that were in power in Latin America from the 1960s, and the subsequent struggle of family members and society in general to establish the fate of the victims and to ensure investigation into the facts and punishment of the perpetrators, was initially at the centre of the development of the right to truth. During those regimes, the justice systems of the countries in which such acts occurred were completely ineffective in carrying out investigations into the facts. Moreover, many of the countries concerned adopted amnesty laws that not only ensured impunity for the perpetrators but, in effect, also impeded investigations by the justice systems.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Contemporary challenges to freedom of expression 2016, para. 46
- Paragraph text
- The right to freedom of opinion and expression must be respected "without distinction of any kind" (see article 2 (1) of the Covenant). Members of some groups, however, often face particular discrimination when it comes to the implementation of restrictions on expression. The Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the situation of human rights defenders and on the independence of judges and lawyers address issues pertaining to human rights defenders and non-governmental organizations (NGOs), often in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Given their focus and detailed reporting, I will not highlight here our shared concerns about restrictions imposed against NGOs, human rights defenders environmental activists, refugees and lawyers. Instead I will highlight several other groups whose expression is particularly subject to repression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 81
- Paragraph text
- Access to effective remedies is a key issue for workers, who often lack legal recourse for rights violations. Workers in vulnerable situations may find it especially difficult to assert their rights because of structural impediments, including lack of access to labour inspectorates that often do not operate in informal and private work places; collaboration between immigration and police officials that prioritizes investigating migration status over employers' violations of rights; and restrictions that make migrant workers "unfree labour", preventing them from circulating in host countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
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
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
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. 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. 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
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. 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. 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