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The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 27
- Paragraph text
- Police crackdowns and other interventions associated with criminalization of drug use and possession also result in displacement of drug users from areas serviced by harm-reduction programmes, decreasing their ability to participate in needle and syringe programmes, opioid substitution therapy (OST) and access to outreach workers. Access to emergency assistance in the instance of an overdose also is impeded, and the incidence of overdose may be increased by disrupting access to regular injecting networks and drug suppliers. Those most affected by displacement often are the most marginalized; for instance, the homeless, who cannot necessarily move indoors to use drugs.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2010
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 30
- Paragraph text
- Alongside the right to health, the International Covenant on Economic, Social and Cultural Rights protects the right to freely chosen, gainful work (art. 6), which the State must take steps to safeguard. Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women does not require States to suppress consensual, adult sex work. Rather, it calls for the suppression of "all forms of traffic in women and exploitation of prostitution of women". The term "exploitation of prostitution" has not been defined within the Convention, but is interpreted to refer to exploitation in the context of prostitution. Additionally, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families applies to a significant number of sex workers who travel between States to engage in sex work.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons on the move
- Women
- Año
- 2010
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Poverty
- Water & Sanitation
- Personas afectadas
- Children
- Persons on the move
- Women
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The realization of the right to health of older persons 2011, para. 20
- Paragraph text
- Internationally recognized human rights standards and principles as contained in core international human rights treaties cover and protect older persons. Despite this tacit protection, it has increasingly been argued that there is a gap in the international human rights system because there is currently no specific universal human rights instrument on the rights of older persons. Specific provisions focusing on older persons, such as those which exist for some other categories of vulnerable persons such as women, children, persons with disabilities, and migrant workers, are also lacking.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Occupational health 2012, para. 7
- Paragraph text
- A number of international human rights instruments address the right to occupational health in a variety of contexts. The Universal Declaration of Human Rights provides for the right of everyone to "just and favourable conditions of work" (art. 23). The Convention on the Elimination of All Forms of Discrimination against Women establishes women's "right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction" (art. 11.1(f)) and requires States to "provide special protection to women during pregnancy in types of work proved to be harmful to them" (art. 11.2 (d)). The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families obliges States to "take measures not less favourable than those applied to nationals to ensure that working and living conditions of migrant workers and members of their families in a regular situation are in keeping with the standards of fitness, safety, health and principles of human dignity" (art. 70).
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Families
- Persons on the move
- Women
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Occupational health 2012, para. 38
- Paragraph text
- The right to a healthy workplace environment is an integral component of the right to health. It requires States to improve all aspects of environmental and industrial hygiene, including housing, sanitation, nutrition and access to safe water. For example, there are significant concerns regarding environmental and industrial hygiene in agricultural work. These concerns are exacerbated by fact that many agricultural workers, particularly migrant workers who are involved in agricultural work in large numbers, are socially and economically disadvantaged and often lack adequate resources to protect their own health. The improvement of environmental and industrial hygiene is therefore critical to achieving the full realization of the right to occupational health, especially for agricultural workers. In many instances, the work environment is indistinguishable from the home environment. As a result, many agricultural workers reside in crowded and substandard accommodation with poor sanitation and inadequate access to safe and potable water. Many of them are also exposed to environmental hazards such as pesticides or other pollutants because of the proximity or overlap of their homes to their worksites. These conditions significantly contribute to the increased rates of infectious diseases seen amongst these workers. The right to health requires that States give particular attention to the needs of vulnerable and marginalized groups in the formulation and implementation of occupational health laws and policies. This includes an obligation to monitor and evaluate occupational health risks and diseases affecting vulnerable groups.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- Persons on the move
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Occupational health 2012, para. 40
- Paragraph text
- The right to health also requires States to address the prevention and reduction of the population's exposure to harmful substances, such as pesticides, and to assess their health impacts on workers. This is particularly important with respect to migrant workers because they may have limited access to health facilities, goods and services, and may lack access to the justice system. Where there is a real and confirmed hazard, the obligation to protect the right to occupational health requires States to prohibit production, sale and use of these substances. Where there is a reasonable potential for risk, States have a duty to take appropriate measures to reduce or prevent exposure, taking into consideration both the likelihood that harm will result and the extent of that harm. This includes requiring that pesticide labels are printed in all relevant languages, and agricultural workers are provided with adequate training and information regarding the use of pesticides.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Equality & Inclusion
- Health
- Personas afectadas
- Persons on the move
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Right to health in conflict situations 2013, para. 37
- Paragraph text
- States should give particular attention to persons rendered vulnerable by conflict, such as women, children, older persons, people with disabilities and displaced communities. This requires States to address marginalization arising from social, political and economic exclusion; discrimination against persons belonging to or perceived to belong to a specific community; vulnerability due to ill-health; and conflict strategies that deliberately render certain communities vulnerable. These factors, individually or in combination, may expose certain groups to multiple vulnerabilities and an increased risk of violation of their right to health. Recognizing the diverse vulnerabilities in different communities and empowering them to participate in all decision-making processes that affect their health enable States to fulfil their obligation under the right to health during conflict and also promotes a sustainable recovery from conflict.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Personas afectadas
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Right to health in conflict situations 2013, para. 40
- Paragraph text
- The health needs of certain groups are often overlooked in conflict due to limited or suspended services. Older persons are more at risk in conflict due to poor mobility and are less able to travel to health facilities. They may be unable to carry heavy packages of food or containers of water, and often live without family support, which renders them vulnerable to higher levels of malnutrition and disease. Similarly, persons with disabilities, often abandoned by families fleeing conflict, may face greater health and safety risks. Many facilities are unable to provide children with disabilities with the treatment and care suited to their physical developmental needs, hampering their ability to enjoy their right to health.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Personas afectadas
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Right to health in conflict situations 2013, para. 41
- Paragraph text
- Conflicts often result in displacement of people, within States and across borders. Displaced persons may be deprived of the same rights and underlying determinants as host communities. A large number of displaced persons may be forced to migrate to relief camps that are characterized by dilapidated and overcrowded conditions where basic services are inadequate, contributing to the spread of communicable diseases. Displaced persons may also be forced to migrate to urban slums, which renders them susceptible to vulnerabilities arising not only from a lack of capacity and resources, but also from the unwillingness of the State to address their needs.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Right to health in conflict situations 2013, para. 42
- Paragraph text
- Moreover, displaced persons are particularly vulnerable when their legal status prevents them from accessing health facilities, goods and services and availing themselves of economic opportunities. Many may be forced to work in poor or unsafe working conditions, further exposing them to poor health. Competing demands for access to health care and the underlying determinants of health may lead to rising tensions at the expense of both host and displaced communities. Displaced communities may consequently face discrimination in accessing health facilities, goods and services and underlying determinants.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Health
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Right to health in conflict situations 2013, para. 53
- Paragraph text
- As an aspect of international cooperation and assistance, States should respect, protect and fulfil the right to health of people fleeing from conflict situations. The burden of caring for populations displaced by conflict often falls on States that are least equipped to bear it. In this regard, other States should ensure that they provide appropriate international assistance, including aid, to countries facing an influx of persons displaced by conflict and measures to assist in their resettlement. States should also ensure the availability and accessibility of quality health facilities, goods and services and the underlying determinants of health to such persons, whether or not they are nationals of the State. States should also refrain from policies that violate the right to health such as mandatory detention or deportation.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons on the move
- Women
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 73
- Paragraph text
- Some States deport women migrant workers who are found to be pregnant during compulsory medical testing. The women concerned may also be exposed to greater vulnerability in both sending and receiving States because of the stigma attached to pregnancy outside of marriage in many societies. The practice of forced contraceptive injections have been reported during pre-departure in some sending States. Such practices encroach upon rights to privacy, informed consent, confidentiality, dignity and non-discrimination and act as an impediment to seeking assistance from police or health systems.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 75
- Paragraph text
- For women who carry a pregnancy to term in receiving States, difficulty accessing obstetric, pre- and post-natal and maternal health-care services and information may result in adverse health outcomes for both the woman and child, including premature birth, low birth weight, congenital malformation and perinatal, infant and maternal mortality. In contrast, it has been found that policies promoting social integration of the migrant community reduce unfavourable pregnancy-related outcomes for migrant women. Extending the 14-weeks maternity leave required under the Maternity Protection Convention or the maternity leave granted to nationals to women migrant workers would assist in making pregnancy-related health care and services accessible and in accordance with the right to health.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Children
- Persons on the move
- Women
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 76a
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Institute, for regular and irregular migrant workers, evidence-based and gendered national health policies informed by the right to health framework, in particular non-discrimination and equality. Such policies should extend rights and entitlements - including underlying determinants of health - and redress mechanisms in cases of violation to migrant workers;
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 76c
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Encourage collection of disaggregated data by age and gender of all migrant workers, to assess their level of health-related knowledge, health needs and occupational injuries and deaths, including suicide, and accordingly inform policies regarding migrant workers. Such information should be protected by adequate data protection measures to ensure privacy and confidentiality of the data;
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 6
- Paragraph text
- The right to health framework is primarily grounded in article 12 of the International Covenant on Economic, Social and Cultural Rights, which recognizes the right of everyone to the enjoyment of the highest attainable standard of mental and physical health. General comment No. 14 of the Committee on Economic, Social and Cultural Rights elaborates upon, and interprets, the right to health. It mandates States to respect, protect and fulfil the right to health of everyone, including migrant workers. States are also required to improve the underlying determinants of health - prerequisites for the realization of the right to health - such as education, nutritious food, potable water, adequate sanitation, and safe and healthy work and living conditions. Migration should be seen as an underlying determinant, as the processes of pre-departure and reintegration in sending States, and arrival, stay and integration in receiving States determine health outcomes of migrant workers.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 10
- Paragraph text
- By mandating that non-discrimination inform all aspects of State policy, the right to health framework does not allow for any distinction between regular and irregular migrant workers on the one hand, and nationals of States, on the other. In this aspect it differs from the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which allows irregular migrant workers access to health facilities, goods and services only when urgently needed. Non-discrimination requires that socio-economic rights, such as access to health facilities, goods and services, be equally available to nationals and non-nationals, including irregular migrant workers.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 11
- Paragraph text
- Fulfilling the right to health requires States to adopt and implement an evidence-based national health policy which does not discriminate against non-nationals and addresses the needs of irregular and regular migrant workers, at all stages of the migration process, including pre-departure and return. As an aspect of their right to health obligation, States should ensure availability and accessibility of quality health facilities, goods and services, including existing health insurance schemes, to migrant workers, on the basis of equality with other nationals.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 12
- Paragraph text
- Each State involved in the migration process should comply with its obligation to respect, protect and fulfil the right to health of all persons within its jurisdiction, including migrant workers. Bilateral agreements and non-binding memoranda of understanding between States are commonly used to govern labour corridors and terms and conditions to be abided by them. The regulatory structure contained in such arrangements should be enforceable and reflect principles of the right to health, especially non-discrimination, empowerment, participation, transparency and accountability of State and non-State actors.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 14
- Paragraph text
- Accordingly, States should ensure the participation of migrant workers, including irregular migrant workers, in the formulation, implementation, monitoring and enforcement of laws and policies, including in the negotiation of bilateral agreements. As trade unions are considered fundamental in promoting workers rights, including occupational health, regular and irregular migrant workers, should be encouraged to participate in or form unions. Effective participation, especially of irregular workers requires positive measures by States to create an environment in which these groups can participate without fear of sanctions. Access to timely and accurate information is a prerequisite to meaningful participation in health-related decision-making.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 15
- Paragraph text
- States, including receiving States, should ensure involvement of migrant workers in decision-making processes and awareness-raising strategies, particularly in relation to accessing health services. Participation will also raise awareness among potential migrant workers about issues such as migration stress factors, illegal recruiting practices, their rights in sending and receiving States and obligations of foreign employers. Community participation will assist in making health services culturally and linguistically appropriate for migrant workers. In some States, civil society organizations have successfully involved migrant workers in outreach and referral programmes resulting in culturally and linguistically appropriate information for migrant workers, thus encouraging community-led initiatives.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 20
- Paragraph text
- Information about costs assumed in the migration process, recruitment agencies, terms and conditions of work in and practical information about receiving States, potential dangers and benefits of migrating to a particular country, risks associated with migration and employment and ways to counter them should be provided before a commitment to migrate has been made. Potential migrant workers should also be made aware about policies of receiving States, such as compulsory health testing, entitlement to and accessing health-care services. Common methods to spread such information have included issuing warnings, publishing a list of licensed and blacklisted agencies on websites and in newspapers and mass media information campaigns.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 21
- Paragraph text
- Closer to the time of departure, pre-departure orientation sessions are conducted in some countries to prepare migrant workers for their time in the receiving State and to train them for their jobs. During these sessions, migrant workers should be provided with understandable information regarding their rights, health information, such as preventing the transmission of communicable diseases like HIV, and health facilities available in receiving States. Pre-departure training sessions are critical for informing migrant workers about their rights vis-à-vis the receiving State and the employer. Pre-departure sessions should also be used to provide information on recourse mechanisms, such as consular protection, available in the event of abuse, exploitation or other rights violations. States should ensure information is accurate and relevant during pre-departure sessions, including those conducted by private agencies.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant worker’s right to health 2013, para. 22
- Paragraph text
- Returnee migrant workers along with organizations working with migrant workers should be encouraged to hold training and informational sessions to make outgoing migrant workers aware of situations and experiences they are likely to face in receiving States and recourse available to them in times of abuse, exploitation and distress. However, as pre-departure sessions frequently take place only a short time prior to departure, this does not give migrant workers enough time to process the information. Pre-departure sessions and trainings should, therefore, be designed and conducted in ways that ensure maximum understanding of the information by migrant workers. Post-arrival orientation sessions that reinforce and contextualize information received during pre-departure sessions should also take place to support migrant workers with integration in receiving States.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo