A/HRC/23/41
73.
Some States deport women migrant workers who are found to be pregnant during
compulsory medical testing.154 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. 155 The practice of forced contraceptive
injections have been reported during pre-departure in some sending States.156 Such practices
encroach upon rights to privacy, informed consent, confidentiality, dignity and nondiscrimination and act as an impediment to seeking assistance from police or health
systems.157
74.
Higher abortion rates among migrant workers have been linked to low awareness
about and socioeconomic barriers to accessing contraception and family planning
services.158 In countries which permit abortion but which prohibit migrant workers from
becoming pregnant, the result is unequal access to legal reproductive health services due to
apprehension of job loss and deportation, leading to risky treatment delays and unsafe
abortions.159 Where abortion is criminalized, resort to unsafe abortion is also driven by the
threat of criminal prosecution. 160
75.
For women who carry a pregnancy to term in receiving States, difficulty accessing
obstetric, pre- and post-natal and maternal health-care services and information161 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. 162 In
contrast, it has been found that policies promoting social integration of the migrant
community reduce unfavourable pregnancy-related outcomes for migrant women. 163
Extending the 14-weeks maternity leave required under the Maternity Protection
Convention or the maternity leave granted to nationals to women migrant workers164 would
assist in making pregnancy-related health care and services accessible and in accordance
with the right to health.
IV. Conclusion and recommendations
76.
The right to health approach to migrant workers fills gaps in existing
frameworks that protect migrant workers and their families and bolsters protections
154
155
156
157
158
159
160
161
162
163
164
22
HRW, Singapore - Maid to Order, p. 90 (see footnote 62).
Ibid., p. 93; A/64/272, para. 75.
HRW, Sri Lanka/Middle East - Exported and Exposed: Abuses against Sri Lankan Domestic Workers
in Saudi Arabia, Kuwait, Lebanon, and the United Arab Emirates, Vol. 19, No. 16 (C) (November
2007), p. 38.
A/66/254; Committee on the Elimination of Discrimination against Women, general recommendation
No. 26, para. 18.
UNFPA, State of the World Population 2006, p. 37 (see footnote 153).
HRW, Singapore - Maid to Order, pp. 90-91 (see footnote 62).
IOM, HIV and Bangladeshi Women Migrant Workers: An assessment of vulnerabilities and gaps in
services (2012), p. 39.
Gail Webber and others, “Facilitators and barriers to accessing reproductive health care for migrant
beer promoters in Cambodia, Laos, Thailand and Vietnam: A mixed methods study”, Globalization
and Health, vol. 8, No. 21 (July 2012).
Paola Bollini and others, “Pregnancy outcome of migrant women and integration policy: A systematic
review of the international literature”, Social Science & Medicine, vol. 68, Iss. 3 (2009), p. 456;
Manuel Carballo, Jose Julio Divino, Damir Zeric, “Migration and health in the European Union”, p.
938 (see footnote 104).
Paola Bollini and others, “Pregnancy outcome of migrant women”, p. 456 (see footnote 163).
ILO, Maternity Protection Convention, 2000 (No. 183), art. 4.
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