A/HRC/23/41
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. The Special Rapporteur recommends that sending and
receiving States take the following steps in order to realize the right to health of
migrant workers:
(a)
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;
(b)
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;
(c)
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;
(d)
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;
(e)
Regulate recruitment agencies through laws which discourage illegal
recruitment and provide for rigorous monitoring and accountability mechanisms;
(f)
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;
(g)
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;
(h)
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;
(i)
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;
(j)
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;
(k)
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;
23
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