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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;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76l
- 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:] Prevent the detention and deportation of migrant workers based on their health status and ensure the provision of care and treatment to such migrant workers at the first instance. At minimum, States should ensure that migrant workers are not deported without referral for treatment or to States where the required treatment is not available and accessible;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Right to health in conflict situations 2013, para. 72c
- Paragraph text
- [The Special Rapporteur urges States to fulfil their international obligations and, in particular:] To respect, protect and fulfil the right to health of persons fleeing from conflict situations.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76b
- 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:] Establish labour corridors through enforceable bilateral agreements, in accordance with the right to health framework, which clearly define the rights of migrant workers, obligations of recruitment agencies, employers and States, and remedies, including compensation for violations, in line with the right to health;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Poverty
- Water & Sanitation
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2011
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76n
- 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 the establishment of migrant workers associations and trade unions to ensure effective representation and participation of migrant workers, including irregular and returnee migrant workers, in the formulation, implementation, monitoring and enforcement of laws and policies, including outreach and referral programmes, pre-departure sessions and social support groups.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76h
- 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:] Delink access to health facilities, goods and services from the legal status of migrant workers and ensure that preventative, curative and emergency health facilities, goods and services are available and accessible to all migrant workers, including irregular migrant workers, in a non-discriminatory manner. States should endeavour to prevent treatment interruption for migrant workers and remove barriers to accessing health care, such as those that are linguistic, cultural, administrative and employment-related;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76e
- 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:] Regulate recruitment agencies through laws which discourage illegal recruitment and provide for rigorous monitoring and accountability mechanisms;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76d
- 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:] Provide potential migrant workers with information about their rights, particularly the right to health, as well as about recruitment agencies, employers and States, recourse for redress and protection from abuse;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76
- Paragraph text
- The right to health approach to migrant workers fills gaps in existing frameworks that protect migrant workers and their families and bolsters protections contained therein. It provides necessary safeguards to migrant workers by recognizing that migrant workers and nationals of a specific State have equal rights which must not be limited. [...]
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76j
- 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:] Extend existing domestic labour laws, occupational health and safety laws, social insurance schemes and other protections to all categories of migrant workers, including domestic workers, sex workers and irregular migrant workers;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76i
- 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:] Ensure access to mental-health facilities, goods and services, including social support groups and family reunification programmes, for all migrant workers - including irregular and returnee migrant workers;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76k
- 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:] Ensure protection of migrant workers, especially those in dangerous industries, from abuse and exploitation by employers by providing accessible redress mechanisms and compensation in cases of violation;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76m
- 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:] Prevent the detention and deportation of irregular migrant workers and instead regularize their stay on objective criteria, in order to protect them from exploitation and ensure their full enjoyment of the right to health;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76f
- 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:] Protect migrant workers from abuse by recruitment agencies and employers by ensuring employment contracts are in accordance with the right to health and are enforceable;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 76g
- 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:] Abolish discriminatory immigration policies that require mandatory testing for health conditions, such as HIV and pregnancy, which are not based on clearly established scientific evidence and violate the right to health;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Migrant worker’s right to health 2013, para. 26
- Paragraph text
- Some States prohibit agencies from recruiting workers or a class of workers, such as domestic workers, to countries or employers who habitually deprive migrants of adequate rest, nutritious food, medical care and sleep. However, as this may result in migrant workers seeking riskier routes to foreign employment, sending States should ensure that bilateral agreements with receiving States provide for strong protections and enforcement mechanisms against abuse and exploitation.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant worker’s right to health 2013, para. 72
- Paragraph text
- The right to health requires States to ensure access to health facilities, goods and services, especially for vulnerable groups, such as migrant women workers. Health services, information and education should be tailored to the specific needs of women - such as sexual and reproductive health needs, including access to contraception and safe legal abortion - and pay attention to the special vulnerability of low-skilled migrant workers, regardless of immigration status.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant worker’s right to health 2013, para. 8
- Paragraph text
- The International Labour Organization (ILO), through various conventions and recommendations places obligations on States and certain duties to recruitment agencies, requiring them to take steps to prevent abuse and exploitation of migrant workers. It focuses on occupational health and safety of migrant workers and recommends measures to promote reunification of families, which can have a positive effect on mental health as it provides social support to migrant workers.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2010
- Type de paragraphe
- Other
Paragraphe
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 61
- Paragraph text
- The 2009 Madrid Recommendation notes that there is "overwhelming evidence" that health-protection measures, including harm-reduction measures, are effective in prisons. The Madrid Recommendation states that treatment programmes for people who use drugs, as well as harm-reduction measures, including needle and syringe programmes, are urgently needed in all prison systems. Drug-dependence treatment is also noted to be "highly effective in reducing crime": treatment and care within prison, or as alternatives to imprisonment, reduce rates of relapse, HIV transmission and reincidence in crime. Effective drug-dependence treatment thus protects not only the individual, but society at large, and combats the negative cycle of recidivism that exposes other detainees to risk. As harm-reduction programmes are cost-effective and relatively easy to operate in closed settings, they should be implemented within places of detention as a matter of urgency.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Personnes concernées
- Persons on the move
- Année
- 2010
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Occupational health 2012, para. 41
- Paragraph text
- Exposure to pesticides has been linked to various acute and chronic toxic illnesses, including a number of cancers. Despite this, in many countries the law does not require pesticide use labels to be printed in languages understood by migrant workers in the jurisdiction. As a result, migrant agricultural workers suffer from high rates of toxic chemical injuries and skin disorders compared to other workers. Moreover, there are strong indications that efforts to regulate the distribution, application and disposure of such pesticides have been ineffective in reducing exposure. Such regulations are deficient in scope and under-enforced in both the developed and the developing world.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Personnes concernées
- Persons on the move
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
Migrant worker’s right to health 2013, para. 44
- Paragraph text
- Health-seeking behaviour can be influenced by a migrant worker's cultural background. Cultural misunderstandings and apprehension of procedures which they are not traditionally and culturally familiar with act as barriers to access. Migrant workers may therefore prefer doctors who practise their native traditional systems of medicines and who better understand their diseases, as opposed to the host State's health-care providers, who are perceived to lack cultural sensitivity to their health problems and sometimes racist and therefore discriminatory.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe