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African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 2e
- Paragraph text
- States Parties shall: e. Respect and ensure the right to seek safety in another part of the State and to be protected against forcible return to or resettlement in any place where their life, safety, liberty and/or health would be at risk;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 4f
- Paragraph text
- All persons have a right to be protected against arbitrary displacement. The prohibited categories of arbitrary displacement include but are not limited to: Forced evacuations in cases of natural or human made disasters or other causes if the evacuations are not required by the safety and health of those affected;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 2c
- Paragraph text
- States Parties shall: c. Provide special protection for and assistance to internally displaced persons with special needs, including separated and unaccompanied children, female heads of households, expectant mothers, mothers with young children, the elderly, and persons with disabilities or with communicable diseases;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 2d
- Paragraph text
- States Parties shall: d. Take special measures to protect and provide for the reproductive and sexual health of internally displaced women as well as appropriate psycho-social support for victims of sexual and other related abuses;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Health
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2009
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. j
- Paragraph text
- For the purpose of the present Convention: j. "Harmful Practices" means all behaviour, attitudes and/or practices which negatively affect the fundamental rights of persons, such as but not limited to their right to life, health, dignity, education, mental and physical integrity and education;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Year
- 2009
Paragraph
Fertility, reproductive health and development 2011, para. 10
- Paragraph text
- Encourages Governments to prioritize universal access to sexual and reproductive health as part of health systems strengthening to eliminate preventable maternal mortality and morbidity and to take action at all levels to address the interlinked root causes of sexual and reproductive ill health, unintended pregnancy, complications arising from unsafe abortion, and maternal mortality and morbidity, including poverty, malnutrition, harmful practices, lack of accessible and appropriate health-care services, information and education, and gender inequality, taking into account people living in the most vulnerable situations, including persons with disabilities, displaced and refugee populations and irregular migrants, and paying particular attention to achieving gender equality and eliminating all forms of violence and discrimination against women and girls, with the full involvement of men;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2011
Paragraph
Fertility, reproductive health and development 2011, para. 28
- Paragraph text
- Also recognizes that children often form the majority within poor households, and therefore calls upon Governments to develop and implement appropriate social protection measures to provide for the basic needs of children in poor households, especially orphans and vulnerable children;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph
The equal sharing of responsibilities between women and men, including caregiving in the context of HIV/AIDS 2009, para. 15x
- Paragraph text
- [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;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Women
- Year
- 2009
Paragraph
The equal sharing of responsibilities between women and men, including caregiving in the context of HIV/AIDS 2009, para. 15y
- Paragraph text
- [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;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Girls
- Men
- Persons on the move
- Women
- Year
- 2009
Paragraph
Women and armed conflict 1998, para. f
- Paragraph text
- [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;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Women
- Year
- 1998
Paragraph
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
- Paragraph text
- 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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
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
- Paragraph text
- [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;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
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
- Paragraph text
- 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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
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
- Paragraph text
- 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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
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
- Paragraph text
- 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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 74
- Paragraph text
- 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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 46
- Paragraph text
- 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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2013
Paragraph
Migrant domestic workers 2011, para. 43
- Paragraph text
- States should ensure effective access of all migrant domestic workers to any medical care urgently required to avoid irreparable harm to their health (article 28). Particular attention should be given to women migrant domestic workers with irregular status, who are especially vulnerable during pregnancy, as they are often afraid to contact public health services out of fear of deportation. States should not require public health institutions providing care to report data on the regular or irregular status of a patient to immigration authorities.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2011
Paragraph
Migrant domestic workers 2011, para. 44
- Paragraph text
- States should ensure that migrant domestic workers in a documented or regular situation enjoy equal treatment with nationals in relation to social and health services (article 43(1)(e)). Moreover, the Committee recalls the obligations assumed by States under other core international human rights treaties, notably the International Covenant on Economic, Social and Cultural Rights, to take appropriate measures towards ensuring to all persons within their jurisdiction, irrespective of their immigration status, the highest attainable standard of physical and mental health and medical care, services and attention in the event of sickness.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Migrant domestic workers 2011, para. 61
- Paragraph text
- States parties should repeal sex-specific bans and discriminatory restrictions on women's migration on the basis of age, marital status, pregnancy or maternity status (articles 1 and 7), including restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 8) or bans on women migrant domestic workers marrying nationals or permanent residents (article 14), or securing independent housing. States parties should also repeal discriminatory laws, regulations and practices related to HIV, including those which result in the loss of work visas based on HIV status, and ensure that medical testing of migrant domestic workers, including tests for pregnancy or HIV, is only done voluntarily and subject to informed consent.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2011
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 73
- Paragraph text
- The Committee considers that access to urgent medical care must be ensured to all migrant workers on the basis of equality of treatment with nationals and thus on a non-discriminatory basis. Although medical care need not necessarily be free of charge, equality of treatment requires that the same rules for payment of fees or exemption from payment apply to migrant workers and members of their families as to nationals. States parties should prohibit the charging of excessive fees from migrant workers in an irregular situation or requiring immediate payment or proof of payment before the service is delivered. Urgent medical care should never be withheld due to the inability to pay. States parties should also ensure that migrant workers and members of their families are provided with information on the medical care provided and information about their health rights. States parties should also ensure that doctors and health professionals are provided with culturally sensitive training regarding health care for migrant workers and members of their families.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 72
- Paragraph text
- Article 28 of the Convention provides for migrant workers and members of their families to have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals. Article 28, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to the highest attainable standard of health for all persons. States parties are therefore obliged to ensure that all persons, irrespective of their migration status, have effective access to at least a minimum level of health care on a non-discriminatory basis. The Committee on Economic, Social and Cultural Rights considers this to encompass primary health care, as well as preventive, curative and palliative health services. The Committee on the Rights of the Child holds that every migrant child is entitled to the same health care as nationals under article 24 of the Convention on the Rights of the Child. To that effect, States parties shall ensure, inter alia, that all migrant workers and members of their families have access to essential medicines and that migrant children are provided with immunization against the major infectious diseases. They shall ensure that migrant women have access to appropriate prenatal and postnatal health care, safe reproductive health services, and to emergency obstetric care.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph
Migrant domestic workers 2011, para. 38
- Paragraph text
- Accordingly, labour protections in national law should be extended to domestic workers to ensure equal protection under the law, including provisions related to minimum wages, hours of work, days of rest, freedom of association, social security protection, including with respect to maternity, pension rights and health insurance, as well as additional provisions specific to the circumstances of domestic work. In this regard, migrant domestic workers should enjoy treatment not less favourable than that which applies to nationals of the State of employment (article 25).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Migrant domestic workers 2011, para. 24
- Paragraph text
- Social security laws. Domestic workers, especially those who are migrants, are often excluded from rights under national law related to social security. The lack of social security benefits and of gender-sensitive health care coverage further increases the vulnerability of migrant domestic workers and their dependence on their employers.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
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. 56
- Paragraph text
- States are encouraged to emphasize a holistic approach to the right to health. Their national plans, policies, and strategies should address the health needs of migrant children and the vulnerable situations in which they may find themselves. Migrant children should have access to health services without being required to present a residence permit or asylum registration. Administrative and financial barriers to accessing services should be removed, including through the acceptance of alternative means of proving identity and residence, such as testimonial evidence. In addition, the Committees urge States to prohibit the sharing of patients’ data between health institutions and immigration authorities as well as immigration enforcement operations on or near public health premises, as these effectively limit or deprive migrant children or children born to migrant parents in an irregular situation of their right to health. Effective firewalls should be put in place in order to ensure their right to health.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Migrant domestic workers 2011, para. 59
- Paragraph text
- States parties should eliminate discriminatory policies and practices that deny or restrict the rights of children of migrant domestic workers, notably their right to health and education (articles 28 and 30).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph
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. 6a
- Paragraph text
- [The present joint general comment also builds on other United Nations resolutions and reports, various outputs of the United Nations human rights mechanisms and United Nations, intergovernmental and civil society initiatives relating to children in the context of international migration, including:] The statement by the Committee on Economic, Social and Cultural Rights on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights (E/C.12/2017/1), in which the Committee recalled in particular that “protection from discrimination cannot be made conditional upon an individual having a regular status in the host country”, and also recalled that “all children within a State, including those with an undocumented status, had a right to receive education and access to adequate food and affordable health care”;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
Paragraph
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. 33
- Paragraph text
- [The Committees stress that States parties should:] If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 45
- Paragraph text
- States parties must also take into consideration the special situation of women migrant workers in detention. States parties must ensure separate facilities for men and women, ensure the provision of gender-specific health care services, and also provide for the specific needs of pregnant women, breastfeeding mothers and mothers with young children. States should avoid detaining women migrant workers in the final months of pregnancy or if they are nursing. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide useful guidelines for States in these situations.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 61
- Paragraph text
- Article 25, paragraph 1 (b), of the Convention provides that laws and regulations on the minimum age of employment shall equally apply to migrant children. The minimum age shall not be less than 15 years, in accordance with article 2 of ILO Convention No. 138 (1973) concerning Minimum Age for Admission to Employment. Furthermore, in accordance with article 11 of the Convention, States parties are obliged to ensure that child migrant workers shall be protected from any form of slavery, prostitution or work that would jeopardize their education, safety, morals and health, such as long hours of work. States parties must protect child migrant workers from violence and ensure their rights to education, leisure and occupational health.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph