A/HRC/31/35
have an obligation to ensure that all migrants have equal access to preventive, curative and
palliative health services, regardless of their legal status and documentation. 38
33.
In addition to basic access to health care, specific challenges to migrants’ right to
health while in countries of transit include the management of chronic conditions, such as
diabetes and cardiovascular disease, and addressing psychosocial and mental health
problems. Many migrants undergo traumatic experiences relating to their journey, including
imprisonment and physical and psychological violence, which necessitate mental health
care.39 Without access to adequate services, migrants are likely to self-medicate or rely on
informal medical interventions to address their health problems.
34.
The specific health needs of migrant women and girls, particularly in relation to
their sexual and reproductive health and rights, frequently remain unmet. Where medical
services are provided to migrants in transit, they may not include consultations with
gynaecologists or sexual and reproductive health services and specialized care for survivors
of sexual violence.
2.
Inadequate living conditions
35.
In a report on sub-Saharan African migrants in transit in Morocco, it was noted that
almost half of the medical problems diagnosed were diseases closely related to poor living
conditions.40 While in transit, migrants may be compelled to live in precarious conditions,
such as in forests, fields, abandoned houses, train stations or other public spaces, with no
sanitary facilities and limited access to safe food and water sources. Improvements to those
places are often prevented and access to homeless shelters may be denied. Migrants who
manage to rent accommodation are often forced to live in crowded, unsanitary and unsafe
conditions, because they are unable to rent accommodation legally or because they lack the
financial means to do so.
36.
The International Covenant on Economic, Social and Cultural Rights recognizes
“the right of everyone to an adequate standard of living for himself and his family,
including adequate food, clothing and housing, and to the continuous improvement of
living conditions” (art. 11 (1)) and the Convention on the Rights of the Child recognizes the
right of every child to a standard of living adequate for the child’s mental, spiritual, moral
and social development (art. 27). States should adopt measures to prevent and sanction
discrimination against all migrants that undermines their right to an adequate standard of
living, and should avoid the marginalization and social exclusion of migrants in an irregular
situation, including because of the location of their accommodation.41
38
39
40
41
10
See the Committee’s general comment No. 14 (2000) on the right to the highest attainable standard of
health, para. 34.
A survey of 1,102 men, women and youth who were receiving post-trafficking assistance services
found that symptoms associated with depression were reported by 59.7 per cent of participants;
symptoms associated with post-traumatic stress disorder were reported by 35.6 per cent of
participants and 41.9 per cent met the symptom criteria for an anxiety disorder. See Cathy
Zimmerman and others, Health and human trafficking in the Greater Mekong Subregion: Findings
from a survey of men women and children in Thailand, Cambodia and Viet Nam (International
Organization for Migration and London School of Hygiene and Tropical Medicine, 2014), p. 6.
See Doctors Without Borders, Violence, Vulnerability and Migration: Trapped at the Gates of Europe
(see footnote 32), p. 9.
OHCHR, The Economic, Social and Cultural Rights of Migrants in an Irregular Situation (New York
and Geneva, 2014), p. 78.
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