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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Right to health of adolescents 2016, para. 82 | Aug 19, 2019 | Paragraph | The vulnerability of the growing number of adolescents in refugee camps or seeking asylum is worrying. States are reminded of their broad international obligations to protect refugees and ensure necessary assistance in the enjoyment of their rights, including the right to optimum mental health and well-being. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Work of the mandate and priorities of the SR 2015, para. 30 | Aug 19, 2019 | Paragraph | Other thematic reports have explored the enjoyment of the right to health and the underlying determinants, including water and sanitation, occupational health, the right to health in conflict, unhealthy foods, and the right to health of migrants, older persons and persons with psychosocial disabilities (including the key issue of informed consent). | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Migrant worker’s right to health 2013, para. 69 | Aug 19, 2019 | Paragraph | For returnee migrant workers, the lack of psychosocial services may result in mental health issues being severely ignored. Where it is recognized that migrant workers in particular sectors or countries are exploited and abused, sending States should implement measures to effectively address their mental health concerns. Such policies should be developed, implemented and monitored in consultation with returned migrant workers. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 68 | Aug 19, 2019 | Paragraph | Immigrant-specific health policies focusing on linguistically and culturally sensitive services have increased access to mental health services by migrants. Culturally and linguistically proficient community health workers can also play an important role due to their understanding of the underlying determinants of mental health for migrant workers, in accordance with the right to health. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 63 | Aug 19, 2019 | Paragraph | Migration is a stressful experience due to dramatic changes to an individual's cultural, environmental and social landscape. Its impact on mental health will vary between individuals, due to differences in personal experiences and characteristics, such as age, gender, medical history, cultural background and agency in the migration process. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 62 | Aug 19, 2019 | Paragraph | The provision of timely, affordable and non-discriminatory access to preventative, curative and rehabilitative mental health services and information forms part of the normative content of the right to health. The general stigma and lack of awareness surrounding mental disability, together with restricted access to health facilities, goods and services by migrant workers, means that their mental health may often be neglected. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 60 | Aug 19, 2019 | Paragraph | Ensuring non-discriminatory access to health care both in law and practice requires States to decriminalize consensual adult sex work, enact and implement laws extending labour rights, occupational health and safety and access to affordable health care, with particular focus on irregular migrant sex workers. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 54 | Aug 19, 2019 | Paragraph | Women make up a significant proportion of the estimated 52.6 million migrant domestic workers worldwide. Domestic work provides economic and social independence for migrant women, accounting for 7.5 per cent of women's wage employment globally. It is, however, largely undervalued and confined to the hidden informal economy of the home, reinforcing gender disparities in accessing underlying determinants of health, including decent work conditions. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 52 | Aug 19, 2019 | Paragraph | Even when workers' compensation and health insurance are available, irregular migrant farm workers have been found to be less aware of their rights, and therefore less likely to make a claim and seek medical attention. This indicates the need for both sending and receiving States to provide accessible and comprehensible information about rights to health care, insurance and workers compensation for migrant farm workers. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 34 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 28 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 24 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 19 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 13 | Aug 19, 2019 | Paragraph | Participation of affected communities in decision-making processes is critical to the right to health framework. States should not discriminate on the basis of nationality or legal status and should pay special attention to vulnerable groups, such as low-skilled and irregular migrant workers, to protect them from rights violations by third parties, such as private recruitment agencies, intermediaries and employers. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Right to health in conflict situations 2013, para. 10 | Aug 19, 2019 | Paragraph | Nonetheless, progressive realization is a specific and continuous State obligation. It does not dilute certain immediate obligations of States, including taking concrete steps towards the full realization of the right to health to all, without discrimination and regardless of the status of persons as combatants or civilians. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Occupational health 2012, para. 39 | Aug 19, 2019 | Paragraph | International migrant workers are especially vulnerable for two reasons: they may be undocumented and thus open to exploitation by employers; or they may be documented, but lack protection under the law equal to that of nationals. This situation is exacerbated by structural and institutional racism, as well as social, cultural and linguistic barriers that prevent migrant workers from knowing, demanding and enforcing the limited legal rights that they possess. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2012 | ||
Migrant worker’s right to health 2013, para. 26 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 8 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 72 | Aug 19, 2019 | Paragraph | The right to health requires States to ensure access to health facilities, goods and services, especially for vulnerable groups, such as migrant women workers. Health services, information and education should be tailored to the specific needs of women - such as sexual and reproductive health needs, including access to contraception and safe legal abortion - and pay attention to the special vulnerability of low-skilled migrant workers, regardless of immigration status. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 67 | Aug 19, 2019 | Paragraph | To effectively prevent and respond to mental illness, the right to health requires receiving States to take steps to identify and monitor stress factors and provide non-discriminatory access to affordable, acceptable and quality psychosocial and mental health services. Sending States should also ensure that support services within embassies and consulates are accessible and that outgoing migrant workers comprehend the potential impact of migration on mental health and ways to access mental health care in receiving States. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 48 | Aug 19, 2019 | Paragraph | The provision of on-site training and protective equipment is necessary for the enjoyment of the right to a healthy working environment. Migrant construction workers often enter construction sites without appropriate training or sufficient protective equipment, for example safety ropes when working from heights. Further, instruction or training may not be provided in a language understandable to migrant workers, which may lead to greater occupational injuries and death among migrant workers. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 41 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 32 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 16 | Aug 19, 2019 | Paragraph | The right to health mandates States to put in place effective and accessible mechanisms to hold all duty bearers to account. Non-citizens, such as migrant workers also have the right to access legal remedies to challenge violations against them. Although States are the primary duty bearers under the right to health, they have a concurrent obligation to ensure that non-State actors, such as recruitment agencies and employers, are held accountable for violations of the right to health of migrant workers. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Migrant worker’s right to health 2013, para. 7 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
The right to mental health 2017, para. 58 | Aug 19, 2019 | Paragraph | Mental health services must be respectful of medical ethics and human rights, as well as culturally appropriate, sensitive to gender and life-cycle requirements and designed to respect confidentiality and empower individuals to control their health and well-being. They must respect the principles of medical ethics and human rights (including “first, do no harm”), choice, control, autonomy, will, preference and dignity. Overreliance on pharmacological interventions, coercive approaches and in-patient treatment is inconsistent with the principle of doing no harm, as well as with human rights. Human rights capacity-building should be routinely provided to mental health professionals. Services must be culturally appropriate and acceptable to persons with intellectual, cognitive or psychosocial disabilities and with autism, adolescents, women, older persons, indigenous persons, minorities, refugees and migrants, and lesbian, gay, bisexual, transgender and intersex persons. Many within those populations are needlessly medicalized and suffer from coercive practices, based on inappropriate and harmful gender stereotypes. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2017 | ||
Migrant worker’s right to health 2013, para. 9 | Aug 19, 2019 | Paragraph | The World Health Assembly resolution on the health of migrants recommends that States promote migrant-sensitive health policies, including information and service provision, and to promote equitable access of public health resources. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Right to health in conflict situations 2013, para. 20 | Aug 19, 2019 | Paragraph | The right to health framework requires that prisoners and detainees be allowed equal access to health facilities, goods and services. International humanitarian law also requires prisoners and detainees to be treated humanely with access to medical care. Yet in many conflict situations, prisoners and detainees are restricted from accessing health facilities, goods and services. This contravenes the non discriminatory protections afforded to them under the right to health. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2013 | ||
Work of the mandate and priorities of the SR 2015, para. 43 | Aug 19, 2019 | Paragraph | For example, such a retrogressive tendency has been observed in the area of sexual and reproductive health and rights, and with regard to discrimination against groups in vulnerable situations, including children, documented and undocumented migrants, persons with disabilities and lesbian, gay, bisexual and transgender persons. In his reports and through his other activities, the Special Rapporteur will highlight the need and importance of applying the principle of the interdependence and indivisibility of human rights, and will underline how essential this is for the full realization of the right to health. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Right to health in early childhood - Right to survival and development 2015, para. 76 | Aug 19, 2019 | Paragraph | Inequalities and discrimination obstruct equitable healthy development and educational attainment among young children from marginalized groups, including persons living in poverty, minority and indigenous groups, the girl child, persons with disabilities, persons in underserved areas such as rural populations, refugees, internally displaced children and children living in areas affected by conflict. Inequalities and discrimination ultimately contribute to health and other inequalities later in life and to the intergenerational transmission of disadvantage. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 |