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Right to health of adolescents 2016, para. 82
- Paragraph text
- The vulnerability of the growing number of adolescents in refugee camps or seeking asylum is worrying. States are reminded of their broad international obligations to protect refugees and ensure necessary assistance in the enjoyment of their rights, including the right to optimum mental health and well-being.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Adolescents
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 69
- Paragraph text
- For returnee migrant workers, the lack of psychosocial services may result in mental health issues being severely ignored. Where it is recognized that migrant workers in particular sectors or countries are exploited and abused, sending States should implement measures to effectively address their mental health concerns. Such policies should be developed, implemented and monitored in consultation with returned migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 63
- Paragraph text
- Migration is a stressful experience due to dramatic changes to an individual's cultural, environmental and social landscape. Its impact on mental health will vary between individuals, due to differences in personal experiences and characteristics, such as age, gender, medical history, cultural background and agency in the migration process.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 54
- Paragraph text
- Women make up a significant proportion of the estimated 52.6 million migrant domestic workers worldwide. Domestic work provides economic and social independence for migrant women, accounting for 7.5 per cent of women's wage employment globally. It is, however, largely undervalued and confined to the hidden informal economy of the home, reinforcing gender disparities in accessing underlying determinants of health, including decent work conditions.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 52
- Paragraph text
- Even when workers' compensation and health insurance are available, irregular migrant farm workers have been found to be less aware of their rights, and therefore less likely to make a claim and seek medical attention. This indicates the need for both sending and receiving States to provide accessible and comprehensible information about rights to health care, insurance and workers compensation for migrant farm workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 34
- Paragraph text
- Receiving States frequently use the public health rationale to detain and deport migrant workers with specific health statuses, such as HIV, Hepatitis C or Hepatitis B. In linking immigration policies with health status, the right to health requirements of confidentiality, counselling and referral are overlooked.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 28
- Paragraph text
- Immigration policies, such as compulsory medical testing, detention and deportation, especially when contained in bilateral arrangements between States, require the involvement of sending and receiving States in enforcing them. Such immigration policies, including those contained in bilateral agreements, should be in conformity with States' (both sending and receiving) obligation to respect, protect and fulfil the right to health of migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 24
- Paragraph text
- As an essential aspect of protecting the right to health of migrant workers, States should ensure monitoring and accountability of recruitment agencies. States may monitor recruitment agencies through legislation, providing for mandatory licensing requirements, regular reporting and independent monitoring and inspections. Monitoring is also necessary to prevent illegal recruitment agencies from entering the market and exploiting migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 19
- Paragraph text
- The full realization of the right to health is closely dependent on the State's obligation to ensure availability and accessibility of meaningful information to support decision-making in respect of migration. Providing information to potential migrant workers, particularly about their rights, is also necessary for empowering them against possible abuse and exploitation by actors involved in the migration process.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 18
- Paragraph text
- Sending and receiving States should also ensure legal redress through quasi-judicial or judicial mechanisms to enable migrant workers to enforce their rights against State and non-State actors. States should also provide for appropriate relief, by way of compensation, restitution or non-repetition, for violations of the right to health. Such relief should also include temporary measures such as shelters for abused domestic workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 39
- Paragraph text
- International migrant workers are especially vulnerable for two reasons: they may be undocumented and thus open to exploitation by employers; or they may be documented, but lack protection under the law equal to that of nationals. This situation is exacerbated by structural and institutional racism, as well as social, cultural and linguistic barriers that prevent migrant workers from knowing, demanding and enforcing the limited legal rights that they possess.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 48
- Paragraph text
- The provision of on-site training and protective equipment is necessary for the enjoyment of the right to a healthy working environment. Migrant construction workers often enter construction sites without appropriate training or sufficient protective equipment, for example safety ropes when working from heights. Further, instruction or training may not be provided in a language understandable to migrant workers, which may lead to greater occupational injuries and death among migrant workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 41
- Paragraph text
- Policies linking access to health systems with immigration control discriminate against irregular migrants. In some countries, health-care providers are required, under threat of criminal sanction, to report irregular migrants to immigration authorities, which may lead to detention and deportation. As a result, instead of seeking formal channels of care, irregular migrant workers resort to unsafe and illegal options. This renders them vulnerable to abuse, exploitation and increased health risks.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 32
- Paragraph text
- In some cases, even where prohibited under the laws of the sending States, outbound migrant workers may be subjected to compulsory testing because the receiving State may require it before granting work permits to migrant workers. Policies of receiving States that require compulsory tests for exclusively incoming migrant workers may be additionally discriminatory if similarly situated foreign nationals such as tourists or even diplomats may not be required to undergo compulsory testing.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 7
- Paragraph text
- Rights of migrant workers are explicitly recognized under a number of international law instruments. The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families details the rights of migrant workers and their families throughout the entire migration process, tailoring the obligation of States according to the stage of migration, including departure from and return to sending States, and transit and employment in receiving States.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 27
- Paragraph text
- States should ensure that migrant workers have access to legal remedies, including compensation, in cases where recruitment agencies have contributed to the violation of rights or have not complied with requirements under national law or policy.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 70
- Paragraph text
- States should undertake a gender analysis to identify and address health vulnerabilities of female migrant workers resulting from different biological and sociocultural factors that influence their health. Women comprise a significant percentage of migrant workers but often face greater health vulnerabilities due to gender inequalities. Poverty, family responsibilities and barriers to education and information make women more vulnerable before departing; while violence against women is pervasive during transit in some regions. Systematic exploitation and abuse within informal industries dominated by migrant women, such as domestic work and sex work, stems from and reinforces women's vulnerability during the migration process.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 65
- Paragraph text
- Migrant workers in 3D jobs, face occupational risk as an additional stress factor, while exposure to pesticides has been linked to anxiety, depression, irritability and restlessness in agricultural workers. For domestic workers, isolation and psychological trauma caused by abuse are occupational risks, and suicide has been associated with harsh working conditions of migrant construction workers. Effective implementation and enforcement of labour and occupational health and safety laws can contribute to reducing the risk of mental illness as well as physical injury.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 64
- Paragraph text
- Within receiving States, immigration status, social exclusion, living and working conditions, communication with family, integration and access to health services are factors relevant to the mental health of migrant workers. Migration may also induce depressive symptoms in families left behind in sending States. Stigma, marginalization and discrimination are socially embedded and experienced regularly by migrant workers, particularly those who are in an irregular situation. Both sending and receiving States should address the psychosocial costs of migration faced by migrant workers and their families at all stages of the migration process. States should also invest in social support programmes with the participation of migrant workers to counter negative consequences of social exclusion, homesickness and family pressures.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 59
- Paragraph text
- The possibility of arrest, detention and deportation due to immigration status further discourages access to health facilities, goods and services, particularly for transgender sex workers who may face severe discrimination and abuse in their home country. Health needs of migrant sex workers are poorly understood in many countries, resulting in policies that fail to address their needs and vitiate the right to health. For example, possession of a condom as evidence of sex work-related criminality actively deters migrant sex workers from carrying condoms, which results in risky sexual behaviour and exposure to HIV and other sexually transmitted infections.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Movement
- Person(s) affected
- LGBTQI+
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 58
- Paragraph text
- States have a responsibility to respect, protect and fulfil the enjoyment of the right to health of migrant sex workers, regardless of whether they have been trafficked or not. Migrant sex workers are a highly stigmatized population as sex or sex-related work may be criminalized in many countries. Occupational health hazards for sex workers include a disproportionate risk of HIV and other sexually transmitted diseases, violence and often rape. Criminalization perpetuates discrimination, stigma and violence towards sex workers and is a barrier to accessing health-care services, which leads to poorer health outcomes. When combined with xenophobia, criminalization may legitimize harassment, intimidation and violence against migrant sex workers, especially by law enforcement authorities, without mechanism for protection or redress. The nature of the occupation is also used to justify compulsory testing for HIV and other communicable diseases. Additionally, human traffickers may take advantage of the illegality of sex work and migration and exert undue influence and control over sex workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 57
- Paragraph text
- The Special Rapporteur is pleased to observe the adoption by the International Labour Office (ILO) in 2011 of Domestic Workers Convention No. 189 and Recommendation No. 201, which details requirements for protection from harassment and violence, occupational health and safety, written contracts and protection under labour laws. This follows general comment No. 1 (2010) on migrant domestic workers of the Committee on the Protection of the Rights of all Migrant Workers and Members of Their Families, which pays particular attention to the vulnerability of migrant domestic workers throughout the different stages of migration. Implementation of these instruments would provide greater protection to migrant domestic workers at all stages of the migration process, thereby creating an enabling environment consistent with the obligation to fulfil the right to health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 56
- Paragraph text
- Migrant domestic workers are frequently excluded or inadequately covered by the receiving State's labour laws and social protections, including health insurance. Sponsorship systems, debt, language barriers, fear of arrest, detention or deportation and a lack of effective recourse for violations interact to varying degrees in different receiving States to facilitate the systematic exploitation and abuse of domestic workers. The situation of some migrant domestic workers has even been described as "modern-day slavery". In order to fulfil the right to health, States are obligated to address the particular vulnerability of migrant domestic workers under labour, occupational health and safety and social protection laws.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 55
- Paragraph text
- Discrimination and prejudice based on gender, ethnicity and socio-economic status intersect, causing chronic stress and making migrant domestic workers a highly vulnerable and marginalized group. Owing to their vulnerability, isolation and dependence, migrant domestic workers experience a range of violations which negate their enjoyment of the right to health and its underlying determinants. Violations include food and sleep deprivation, denial of medical treatment, squalid living conditions, non-payment of wages, excessive work hours (increasing the risk of accidents) and psychological, physical and sexual abuse. Cardiovascular, endocrine, skin, musculoskeletal, and psychological conditions have also been documented among migrant domestic workers, with worst cases resulting in death, including suicide.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 53
- Paragraph text
- Difficulties commonly experienced by migrant workers in accessing health care are exacerbated for farm workers because of high mobility driven by seasonal work and rural or remote settings. The migrant and community health centre is a successful model for providing physically and economically accessible health care for migrant farm workers. Programmes and services are tailored to a mobile multicultural population by way of outreach clinics, community health workers, patient navigation systems, out-of-hours services and low-literacy education. Participation has been key to the success of such centres, with a requirement that 51 per cent of governing board members be from the community.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 49
- Paragraph text
- States should ensure relief and remedies for migrant workers injured due to violation of their right to occupational health. However, a lack of coverage under workers' health insurance or compensation schemes has often afflicted migrant workers, particularly irregular migrant workers. Additionally, the preponderance of sub-contracting arrangements in the construction industry denies coverage, which is otherwise available. For severely injured workers, compulsory or voluntary repatriation may mean access to a lower standard of health care and inability to hold duty bearers in receiving States accountable.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 46
- Paragraph text
- Occupational health is integral to the right to health. States should ensure that occupational health laws and policies address the unique vulnerabilities of migrant workers in dirty, dangerous and degrading (3D) industries and are implemented, monitored and enforced. The vulnerability of migrant workers in 3D jobs may be further intensified in cases of irregular migrant workers, who, due to their legal status are in a weaker position to negotiate their rights with employers. Furthermore, lax enforcement of laws and mechanisms like sponsorship systems in some countries, encourage exploitative practices. Sponsorship ties a migrant's authorization to work with one specific employer, and in some States, sponsorship gives an employer the power to refuse a migrant worker's request to transfer to another employer - such transfer may be sought due to abusive or unsafe working conditions.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 45
- Paragraph text
- Ensuring continuous access to treatment and medicines on a non-discriminatory basis is crucial to the right to health framework. Migratory processes and pressures can expose migrant workers to increased risk of contracting communicable diseases particularly HIV. There is therefore a need to ensure that continuous treatment is available to these populations throughout the entire process. Treatment interruptions, lack of follow-up and treatment failures are documented at higher rates among migrants than the stationary population. Some States have adopted regional frameworks, such as the Ibero-American Social Security Convention, and bilateral social security agreements to ensure "portability" of social security, including health-care benefits, from sending to receiving States, which allows migrant workers to enjoy such benefits, independent of their immigration status. States are encouraged to adopt such approaches with respect to access to treatment for chronic diseases, such as HIV, in order to maximize adherence rates in both sending and receiving States.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph