A/HRC/23/41
B.
Participation
13.
Participation of affected communities in decision-making processes is critical to the
right to health framework. States should not discriminate on the basis of nationality or legal
status19 and should pay special attention to vulnerable groups, such as low-skilled and
irregular migrant workers, to protect them from rights violations by third parties, such as
private recruitment agencies, intermediaries and employers.
14.
Accordingly, States should ensure the participation of migrant workers, including
irregular migrant workers, in the formulation, implementation, monitoring and enforcement
of laws and policies, including in the negotiation of bilateral agreements. As trade unions
are considered fundamental in promoting workers rights,20 including occupational health,21
regular and irregular migrant workers, should be encouraged to participate in or form
unions. Effective participation, especially of irregular workers requires positive measures
by States to create an environment in which these groups can participate without fear of
sanctions. Access to timely and accurate information is a prerequisite to meaningful
participation in health-related decision-making.
15.
States, including receiving States, should ensure involvement of migrant workers in
decision-making processes and awareness-raising strategies, particularly in relation to
accessing health services. Participation will also raise awareness among potential migrant
workers about issues such as migration stress factors, illegal recruiting practices, their
rights in sending and receiving States and obligations of foreign employers. 22 Community
participation will assist in making health services culturally and linguistically appropriate
for migrant workers.23 In some States, civil society organizations have successfully
involved migrant workers in outreach and referral programmes resulting in culturally and
linguistically appropriate information for migrant workers,24 thus encouraging communityled initiatives.
C.
Accountability
16.
The right to health mandates States to put in place effective and accessible
mechanisms to hold all duty bearers to account. Non-citizens, such as migrant workers also
have the right to access legal remedies to challenge violations against them. 25 Although
States are the primary duty bearers under the right to health, they have a concurrent
obligation to ensure that non-State actors, such as recruitment agencies and employers, are
held accountable for violations of the right to health of migrant workers.
17.
Accountability requires robust regulatory frameworks across all sectors of
employment, with independent mechanisms, to enforce rights and monitor compliance.
19
20
21
22
23
24
25
6
CESCR, general comment No. 20, para. 36.
CESCR, general comment No. 18 (2006) on the right to work, para. 54.
A/HRC/20/15, para. 35.
CARAM Asia, From Voices to Actions: Empowering Migrant Communities through Participatory
Action Research (2009), p. 60.
IOM, Thailand Mission, Healthy Migrants, Healthy Thailand: A migrant health program model
(2009), p. 87, at http://publications.iom.int/bookstore/free/Healthy_Migrants_Healthy_Thailand.pdf
Brahm Press (Raks Thai Foundation), Migrant’s Health and Vulnerability to HIV/AIDS in Thailand
(n.d.), p. 28, available from
http://ns4439.ukserverhosting.net/dmdocuments/Migrant_health_and_HIV_vulnerability_in_Thailand
_phamit.pdf.
CERD, general recommendation No. 30, para. 18.
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