A/HRC/23/41
I. Introduction
1.
Contemporary international labour migration is propelled by globalization and neoliberal economic policies that promote deregulation of labour markets, including the flow of
cheap, low-skilled labour.1 An estimated 105 million individuals currently work outside
their country of birth.2 Remittances from migrant workers, which exceed Official
Development Assistance to developing countries,3 contribute significantly to growth in
household economies and improve the underlying determinants of health such as housing
and education. The impact of the migration process on a migrant worker‟s health can be
significant, and where poorly managed, may outweigh any economic and social benefits.
2.
This report addresses the enjoyment of the right to health of individuals who migrate
from one country (sending State) to another country (receiving State) for paid employment
and who work in low-skilled or semi-skilled industries in receiving States. The scope of the
report is restricted to migrant workers because certain issues, like those related to
recruitment agencies, compulsory testing and occupational health, give rise to serious
violations of the right to health and therefore warrant a separate inquiry. Nonetheless,
concerns such as access to health care in receiving States are faced similarly by other
migrants, such as refugees, and the analysis can indeed be extended to all groups of
migrants. Some individuals migrate through official channels, others through informal ones,
while others ebb in and out of both. The term “irregular” has been used to cover migrant
workers who live or work in the receiving State without authorization, whereas “regular”
refers to migrant workers with authorization to live and work in the receiving State. The
report pays particular attention to work in construction, domestic work, sex work and
agriculture, as examples of dirty, dangerous and degrading jobs (3D jobs) that these migrant
workers frequently fill.
3.
Migrant workers often commence the migration process as relatively healthy
individuals.4 However, the complexity and diversity of circumstances throughout the
various dimensions of the migration cycle may render them highly vulnerable to poor
physical and mental health outcomes, compromising the enjoyment of other rights.5 For
instance, irregular migrant workers may face extreme health risks during transit owing to
hazardous conditions such as being cramped or hidden in boats or trucks.6 They may also
face physical and sexual violence during transit. 7 Limited or no health care during transit
and in transit countries may further increase the burden of disease, including untreated non-
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Mode 4 of the General Agreement on Trade in Services, for example, aims to free up borders for
services without requiring States to guarantee protections for migrant workers. See Tomer Broude,
“The WTO/GATS Mode 4, International Labour Migration Regimes and Global Justice,” Research
paper No. 7-07 (May 2007), p. 28.
International Organization for Migration (IOM), Labour Migration web page, available from
http://www.iom.int/cms/en/sites/iom/home/what-we-do/labour-migration.html.
World Bank (WB), Migration and Development Brief 19 (2012), p. 1.
A/HRC/14/30, para. 23.
IOM, Migrant Health for the Benefit of All (2004), document MC/INF/275.
IOM, “Migration: A social determinant of the health of migrants,” Background paper (2006), p. 8,
available from http://www.migrant-health-europe.org/files/FINAL%20DRAFT%20%20IOM%20SDH.pdf..
IOM, Migrants’ needs and vulnerabilities in the Limpopo Province, Republic of South Africa, Report
on Phase Two, February-March 2009 (2009)..
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