A/HRC/23/41 requiring them to take steps to prevent abuse and exploitation of migrant workers. 12 It focuses on occupational health and safety of migrant workers and recommends measures to promote reunification of families, 13 which can have a positive effect on mental health as it provides social support to migrant workers. 9. The World Health Assembly resolution on the health of migrants recommends that States promote migrant-sensitive health policies, including information and service provision, and to promote equitable access of public health resources. 14 10. 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. 15 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.16 A. State obligations 11. Fulfilling the right to health requires States to adopt and implement an evidencebased national health policy which does not discriminate against non-nationals17 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. 12. 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.18 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. 12 13 14 15 16 17 18 (Social Security) Convention, 1962 (No. 118), Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), Domestic Workers Convention, 2011 (No. 189). ILO, Private Employment Agencies Convention, 1997 (No. 181). ILO, Migrant Workers Recommendation, 1975 (No. 151), para. 13. Sixty-First World Health Assembly, Health of Migrants resolution (24 May 2008), document WHA61.17. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 28. Committee on the Elimination of Racial Discrimination (CERD), general recommendation No. 30 (2004) on discrimination against non-citizens, paras. 29 and 36. Committee on Economic, Social and Cultural Rights(CESCR), general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 38. ILO, Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, Migration for Employment Recommendation (Revised), 1949 (No. 86), annex. 5