A/HRC/23/41 26. Some States prohibit agencies from recruiting workers or a class of workers, such as domestic workers, to countries or employers who habitually deprive migrants of adequate rest, nutritious food, medical care and sleep.41 However, as this may result in migrant workers seeking riskier routes to foreign employment, sending States should ensure that bilateral agreements with receiving States provide for strong protections and enforcement mechanisms against abuse and exploitation. 27. States should ensure that migrant workers have access to legal remedies, including compensation, in cases where recruitment agencies have contributed to the violation of rights or have not complied with requirements under national law or policy. 42 B. Immigration policies 28. Immigration policies, such as compulsory medical testing, detention and deportation, especially when contained in bilateral arrangements between States, require the involvement of sending and receiving States in enforcing them. Such immigration policies, including those contained in bilateral agreements, should be in conformity with States‟ (both sending and receiving) obligation to respect, protect and fulfil the right to health of migrant workers. Compulsory medical testing 29. Many receiving States require migrant workers to undergo compulsory medical testing for certain conditions such as HIV,43 tuberculosis44 and pregnancy45 as part of their immigration policy. Though quite a few countries have eased HIV-related travel restrictions, compulsory testing for HIV for residence and work, 46 especially for low-skilled migrant workers,47 continues in over 40 countries. This is despite commitment by States to enact legislation eliminating all forms of discrimination against persons living with HIV 48 and recommendations against compulsory tests for migrant workers. 49 41 42 43 44 45 46 47 48 49 Philippines Commission on Audit, Sectoral Performance Audit Report on the Overseas Workers’ Welfare Program of the Government (CYs 2005 and 2006) (Quezon City, 2008), pp. 24–25, see www.coa.gov.ph/GWSPA/GWSPA.htm. ILO, Multilateral Framework on Labour Migration, guideline 10 (see footnote 32). ILO Sub-regional Office for East Asia and IOM, Mandatory HIV testing for employment of migrant workers in eight countries of South-East Asia: From discrimination to social dialogue, (2009), available from http://www.biomedcentral.com/content/pdf/1758-2652-13-2.pdf. John Welshman and Alison Bashford, “Tuberculosis, migration, and medical examination: lessons from history,” Journal of Epidemiology and Community Health, vol. 60, No. 4 (April 2006), pp. 282284. United Nations Development Programme (UNDP), HIV Vulnerabilities of Migrant Women: from Asia to the Arab States, Shifting from silence, stigma and shame to safe mobility with dignity, equity and justice (2008), p. 32. UNAIDS, HIV-related restriction on entry, stay and residence (July 2012), available from http://www.unaids.org/en/media/unaids/contentassets/documents/factsheet/2012/20120724CountryLis t_TravelRestrictions_July2012.pdf; Jeffrey V. Lazarus and others, “HIV-related restrictions on entry, residence and stay in the WHO European Region: a survey”, Journal of the International AIDS Society, vol. 13, No. 2 (January 2010). Joseph J. Amon and Katherine Wiltenburg Todrys, “Fear of Foreigners: HIV-related restrictions on entry, stay, and residence”, Journal of the International AIDS Society, vol. 11, No. 8 (December 2008). General Assembly resolution 65/277, para. 79. See ILO Recommendation concerning HIV and AIDS and the World of Work, 2010 (No. 200). 9