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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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The equal sharing of responsibilities between women and men, including caregiving in the context of HIV/AIDS 2009, para. 15x | Aug 19, 2019 | Paragraph | [The Commission urges Governments, [...] to take the following actions [...]:] (x) Strengthen efforts to protect the rights and ensure decent work conditions for all domestic workers, including women migrant domestic workers, in, inter alia, their working hours and wages, and to improve their access to health-care services and other social and economic benefits; | Commission on the Status of Women | CSW Agreed Conclusions / Declaration |
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| 2009 | ||
The equal sharing of responsibilities between women and men, including caregiving in the context of HIV/AIDS 2009, para. 15y | Aug 19, 2019 | Paragraph | [The Commission urges Governments, [...] to take the following actions [...]:] (y) Take measures to address the special needs of girls, including migrant girls, employed as domestic workers and caregivers, as well as those that have to perform excessive domestic chores and caregiving responsibilities, and to provide access to education, vocational training, health services, food, shelter and recreation, while ensuring the prevention and elimination of child labour and economic exploitation of girls; | Commission on the Status of Women | CSW Agreed Conclusions / Declaration |
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| 2009 | ||
Women and armed conflict 1998, para. f | Aug 19, 2019 | Paragraph | [Actions to be taken by Governments and international organizations:] Provide refugee victims of sexual violence and their families with adequate medical and psychosocial care, including culturally sensitive counselling, and ensure confidentiality; | Commission on the Status of Women | CSW Agreed Conclusions / Declaration |
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| 1998 | ||
Refugee Children 1989, para. (e) | Aug 19, 2019 | Paragraph | Noted with serious concern the increasing incidence of nutritional deficiency diseases and malnutrition amongst refugee children dependent upon food aid and called upon UNHCR to initiate as a matter of urgency formal discussions with relevant United Nations bodies, donors and other humanitarian organizations to develop collaborative strategies for alleviating the nutritional problems of refugee children and to seek the incorporation into their programmes of appropriate provisions for such needs; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 1989 | ||
Protection of Asylum-Seekers in situation of Large-Scale Influx 1981, para. II. 2a | Aug 19, 2019 | Paragraph | [Measures of protection]: [Treatment of asylum-seekers who have been temporarily admitted to country pending arrangements for a durable solution]: It is therefore essential that asylum-seekers who have been temporarily admitted pending arrangements for a durable solution should be treated in accordance with the following minimum basic human standards: they should not be penalized or exposed to any unfavourable treatment solely on the ground that their presence in the country is considered unlawful; they should not be subjected to restrictions on their movements other than those which are necessary in the interest of public health and public order; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 1981 | ||
General Conclusion On International Protection 2005, para. (w) | Aug 19, 2019 | Paragraph | Acknowledges that access to HIV and AIDS prevention, care and treatment, as far as possible in a manner comparable with the services available to the local hosting community, is increasingly recognized by States as an essential component in the protection of refugees, returnees and other persons of concern; encourages UNHCR to pursue activities in this regard, in close collaboration with relevant partners, in particular in the implementation of the objectives agreed in the UNAIDS Unified Budget Work Plan, ensuring specific emphasis on the rights of refugee women and children affected by the pandemic; and notes the recommendations of the Global Task Team on Improving AIDS Coordination among Multilateral Institutions and International Donors; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 2005 | ||
Refugee Children 1987, para. (q) | Aug 19, 2019 | Paragraph | Called upon all States, in co-operation with UNHCR and concerned agencies, to develop and/or support programmes to address nutritional and health risks faced by refugee children, including programmes to ensure an adequate, well-balanced and safe diet, general immunization and primary health care; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 1987 | ||
Refugee Children and Adolescents 1997, para. (a) iii | Aug 19, 2019 | Paragraph | [Calls upon States and relevant parties to respect and observe rights and principles that are in accordance with international human rights and humanitarian law and that are of particular relevance to international refugee protection, especially to safeguarding child and adolescent refugees, including:] the right of children and adolescents to education, adequate food, and the highest attainable standard of health; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 1997 | ||
Refugee Children 1987, para. (u) | Aug 19, 2019 | Paragraph | Called upon the High Commissioner to develop further, in consultation with concerned organizations, guidelines to promote cooperation between UNHCR and these organizations to improve the international protection, physical security, well-being and normal psychosocial development of refugee children; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 1987 | ||
Conclusion on Protracted Refugee Situations 2009, para. 17 | Aug 19, 2019 | Paragraph | Mindful that there are compelling legal, protection, health, social and economic problems in all situations which can become protracted and should therefore also receive due attention, | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 2009 | ||
Conclusion on Protracted Refugee Situations 2009, para. 13 | Aug 19, 2019 | Paragraph | Noting the importance of refugee access to basic services, including education and health, in order to enhance their opportunities, | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
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| 2009 | ||
Implementing child rights in early childhood 2006, para. 24 | Aug 19, 2019 | Paragraph | Access to services, especially for the most vulnerable. The Committee calls on States parties to ensure that all young children (and those with primary responsibility for their well being) are guaranteed access to appropriate and effective services, including programmes of health, care and education specifically designed to promote their well being. Particular attention should be paid to the most vulnerable groups of young children and to those who are at risk of discrimination (art. 2). This includes girls, children living in poverty, children with disabilities, children belonging to indigenous or minority groups, children from migrant families, children who are orphaned or lack parental care for other reasons, children living in institutions, children living with mothers in prison, refugee and asylum seeking children, children infected with or affected by HIV/AIDS, and children of alcohol or drug addicted parents (see also section VI). | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2006 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 55 | Aug 19, 2019 | Paragraph | Every migrant child should have access to health care equal to that of nationals, regardless of their migration status. This includes all health services, whether preventive or curative, and mental, physical or psychosocial care, provided in the community or in health-care institutions. States have an obligation to ensure that children’s health is not undermined as a result of discrimination, which is a significant factor contributing to vulnerability; the implications of multiple forms of discrimination should also be addressed. Attention should be paid to addressing the gender-specific impacts of reduced access to services. In addition, migrant children should be provided full access to age-appropriate sexual and reproductive health information and services. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 32h | Aug 19, 2019 | Paragraph | [The Committees stress that States parties should:] Conduct a best-interests determination in cases that could lead to the expulsion of migrant families due to their migration status, in order to evaluate the impact of deportation on children’s rights and development, including their mental health; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 54 | Aug 19, 2019 | Paragraph | The Committees acknowledge that a child’s physical and mental health can be affected by a variety of factors, including structural determinants such as poverty, unemployment, migration and population displacements, violence, discrimination and marginalization. The Committees are aware that migrant and refugee children may experience severe emotional distress and may have particular and often urgent mental health needs. Children should therefore have access to specific care and psychological support, recognizing that children experience stress differently from adults. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Article 9: Liberty and security of person 2014, para. 18 | Aug 19, 2019 | Paragraph | Detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as it extends in time. Asylum seekers who unlawfully enter a State party's territory may be detained for a brief initial period in order to document their entry, record their claims and determine their identity if it is in doubt. To detain them further while their claims are being resolved would be arbitrary in the absence of particular reasons specific to the individual, such as an individualized likelihood of absconding, a danger of crimes against others or a risk of acts against national security. The decision must consider relevant factors case by case and not be based on a mandatory rule for a broad category; must take into account less invasive means of achieving the same ends, such as reporting obligations, sureties or other conditions to prevent absconding; and must be subject to periodic re-evaluation and judicial review. Decisions regarding the detention of migrants must also take into account the effect of the detention on their physical or mental health. Any necessary detention should take place in appropriate, sanitary, non-punitive facilities and should not take place in prisons. The inability of a State party to carry out the expulsion of an individual because of statelessness or other obstacles does not justify indefinite detention. Children should not be deprived of liberty, except as a measure of last resort and for the shortest appropriate period of time, taking into account their best interests as a primary consideration with regard to the duration and conditions of detention, and also taking into account the extreme vulnerability and need for care of unaccompanied minors. | Human Rights Committee
| General Comment / Recommendation |
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| 2014 | ||
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 34 | Aug 19, 2019 | Paragraph | The exercise of Covenant rights should not be conditional on, or determined by, a person's current or former place of residence; e.g. whether an individual lives or is registered in an urban or a rural area, in a formal or an informal settlement, is internally displaced or leads a nomadic lifestyle. Disparities between localities and regions should be eliminated in practice by ensuring, for example, that there is even distribution in the availability and quality of primary, secondary and palliative health-care facilities. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2009 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 73d | Aug 19, 2019 | Paragraph | [The Committees recommend that the States parties to the Conventions:] Conduct specialized awareness and training programmes for health-care providers working with immigrant communities to address the unique health-care needs of children and women who have undergone female genital mutilation or other harmful practices and provide specialized training also for professionals within child welfare services and services focused on the rights of women and the education and police and justice sectors, politicians and media personnel working with migrant girls and women. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 54 | Aug 19, 2019 | Paragraph | The Committees acknowledge that a child’s physical and mental health can be affected by a variety of factors, including structural determinants such as poverty, unemployment, migration and population displacements, violence, discrimination and marginalization. The Committees are aware that migrant and refugee children may experience severe emotional distress and may have particular and often urgent mental health needs. Children should therefore have access to specific care and psychological support, recognizing that children experience stress differently from adults. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 57 | Aug 19, 2019 | Paragraph | Discrimination can often exacerbate insufficient financial and legal protection, and may force migrant children to postpone treatment until they are seriously ill. Attention should be paid to resolving the issues surrounding complicated health services that require prompt and extensive responses, in which discriminatory approaches may severely affect the health of migrant children and significantly delay their treatment and recovery period. The commitment of health professionals should be first to their patients and to upholding children’s health as a human right. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 58 | Aug 19, 2019 | Paragraph | Restrictions on adult migrants’ right to health on the basis of their nationality or migration status could also affect their children’s right to health, life and development. Therefore, a comprehensive approach to children’s rights should include measures directed at ensuring the right to health to all migrant workers and their families, regardless of their migration status, as well as measures aimed at ensuring an intercultural approach to health policies, programmes and practices. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Women and health 1999, para. 6 | Aug 19, 2019 | Paragraph | While biological differences between women and men may lead to differences in health status, there are societal factors that are determinative of the health status of women and men and can vary among women themselves. For that reason, special attention should be given to the health needs and rights of women belonging to vulnerable and disadvantaged groups, such as migrant women, refugee and internally displaced women, the girl child and older women, women in prostitution, indigenous women and women with physical or mental disabilities. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 1999 | ||
Women migrant workers 2008, para. 18 | Aug 19, 2019 | Paragraph | Discrimination may be especially acute in relation to pregnancy. Women migrant workers may face mandatory pregnancy tests followed by deportation if the test is positive; coercive abortion or lack of access to safe reproductive health and abortion services, when the health of the mother is at risk, or even following sexual assault; absence of, or inadequate, maternity leave and benefits and absence of affordable obstetric care, resulting in serious health risks. Women migrant workers may also face dismissal from employment upon detection of pregnancy, sometimes resulting in irregular immigration status and deportation. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2008 | ||
The right to the highest attainable standard of health (Art. 12) 2000, para. 65 | Aug 19, 2019 | Paragraph | The role of WHO, the Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross/Red Crescent and UNICEF, as well as non-governmental organizations and national medical associations, is of particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including assistance to refugees and internally displaced persons. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2000 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 74 | Aug 19, 2019 | Paragraph | Article 28 prohibits the refusal of such medical care to migrant workers because of an irregularity with regard to their stay and employment. States parties should not use health care as an instrument of immigration control, which would effectively prevent migrant workers in an irregular situation from contacting public health care providers out of fear of deportation. Toward this end, States parties shall not require public health institutions to report or otherwise share data on the migration status of a patient to immigration authorities, and health care providers should also not be required to do so. Moreover, States parties shall not conduct immigration enforcement operations on or near facilities providing medical care, as this would limit migrant workers and members of their families from accessing such care. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
The right to sexual and reproductive health (Art. 12) 2016, para. 30 | Aug 19, 2019 | Paragraph | Individuals belonging to particular groups may be disproportionately affected by intersectional discrimination in the context of sexual and reproductive health. As identified by the Committee, groups such as, but not limited to, poor women, persons with disabilities, migrants, indigenous or other ethnic minorities, adolescents, lesbian, gay, bisexual, transgender and intersex persons, and people living with HIV/AIDS are more likely to experience multiple discrimination. Trafficked and sexually exploited women, girls and boys are subject to violence, coercion and discrimination in their everyday lives, with their sexual and reproductive health at great risk. Also, women and girls living in conflict situations are disproportionately exposed to a high risk of violation of their rights, including through systematic rape, sexual slavery, forced pregnancy and forced sterilization. Measures to guarantee non-discrimination and substantive equality should be cognizant of and seek to overcome the often exacerbated impact that intersectional discrimination has on the realization of the right to sexual and reproductive health. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2016 | ||
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 13 | Aug 19, 2019 | Paragraph | Systematic data collection is necessary for States parties to be able to monitor the health and development of adolescents. States parties should adopt data-collection mechanisms that allow desegregation by sex, age, origin and socio-economic status so that the situation of different groups can be followed. Data should also be collected to study the situation of specific groups such as ethnic and/or indigenous minorities, migrant or refugee adolescents, adolescents with disabilities, working adolescents, etc. Where appropriate, adolescents should participate in the analysis to ensure that the information is understood and utilized in an adolescent sensitive way. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2003 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 46 | Aug 19, 2019 | Paragraph | Detention can be particularly damaging to vulnerable categories of migrant workers, impacting negatively on their physical and mental health. These migrant workers and members of their families may include victims of torture, unaccompanied older persons, persons with disabilities and persons living with HIV/AIDS. Special measures should be taken to protect vulnerable people deprived of their liberty, including access to adequate health services, medication and counselling. Moreover, migrant workers with disabilities and members of their families with disabilities should be provided with "reasonable accommodation" to ensure their right to enjoy their human rights and fundamental freedoms on an equal basis with others. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
HIV/AIDS and the rights of the children 2003, para. 33 | Aug 19, 2019 | Paragraph | The trauma HIV/AIDS brings to the lives of orphans often begins with the illness and death of one of their parents, and is frequently compounded by the effects of stigmatization and discrimination. In this respect, States parties are particularly reminded to ensure that both law and practice support the inheritance and property rights of orphans, with particular attention to the underlying gender-based discrimination which may interfere with the fulfilment of these rights. Consistent with their obligations under article 27 of the Convention, States parties must also support and strengthen the capacity of families and communities of children orphaned by AIDS to provide them with a standard of living adequate for their physical, mental, spiritual, moral, economic and social development, including access to psychosocial care, as needed. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2003 | ||
The right of the child to be heard 2009, para. 123 | Aug 19, 2019 | Paragraph | Children who come to a country following their parents in search of work or as refugees are in a particularly vulnerable situation. For this reason it is urgent to fully implement their right to express their views on all aspects of the immigration and asylum proceedings. In the case of migration, the child has to be heard on his or her educational expectations and health conditions in order to integrate him or her into school and health services. In the case of an asylum claim, the child must additionally have the opportunity to present her or his reasons leading to the asylum claim. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 |