A/HRC/56/54
65.
Restrictions on obtaining or renewing work permits can force migrants into irregular
situations, unemployment or the informal economy, increasing risks of exploitation. 75
66.
The lack of recognition of foreign qualifications and skills often prevents migrants
from working in the fields in which they were trained, leading to underemployment and
wasted potential. Difficulty in obtaining work permits and credential recognition has a
disproportionate impact on women, hindering their path towards economic independence and
autonomy over life and family decisions, with limited resources dedicated to the gender
dimensions of migration. Many recruitment agencies, driven by their own financial
incentives, place skilled and highly educated women in domestic work and discourage their
attainment of further skills or higher-skilled employment in other sectors.
67.
Migrants face considerable legal and practical obstacles to freedom of association and
the right to collective bargaining. Temporary work contracts, long working hours, isolated
workplaces, discrimination and anti-migrant attitudes, and fear of anti-union reprisals further
hamper many migrants’ ability to organize or join trade unions.76
F.
Access to social protections
68.
All human beings, irrespective of their migration status, have economic, social and
cultural rights.77 The elimination of legal, administrative and other barriers is a prerequisite
for migrants to gain access to health care, education, justice and housing. By ensuring that
the providers of essential services are not obliged to share information about migrants with
the authorities, migrants can be treated when they are unwell, their children can continue with
their education, and those who are victims of crimes can file complaints with the police,
without fear of arrest or deportation.
69.
Migrant workers should enjoy the same treatment as nationals. However, they often
lack access to social protections, as well as to economic, social and cultural rights more
broadly. This increases their dependence on employers and worsens situations of
vulnerability, hindering their contributions to society.
70.
Despite 645 multilateral social security agreements globally, coverage is limited
primarily to countries of the global North.78 Practical barriers, such as employers’ limitations
in administering benefits and burdens on migrant workers, further impede access. 79 In the
context of South-South migration, deficiencies in social protection systems restrict migrants’
rights, with portability remaining a challenge.
71.
Despite a significant rise in the number of countries that now accept dual citizenship,
which can support integration,80 restricted access to citizenship persists in many countries,
and prolonged residency is often required before complicated application processes.
VI. Factors supporting migrants’ contributions
72.
The Special Rapporteur was encouraged by numerous reports of initiatives to support
migrants’ contributions. It is, however, important to restate that migrants are rights holders
75
76
77
78
79
80
12
Submission by Cabo Verde.
See ILO, Migrant Workers’ Rights to Freedom of Association and Collective Bargaining (Geneva,
International Labour Office, 2023).
See OHCHR, “Technical note: access to services and protection of economic, social and cultural
rights” (2018); and https://www.ohchr.org/en/migration/economic-social-and-cultural-rightsmigrants-and-access-services.
See Sayaka Iha, “Global Overview of International Social Security Agreements” (International Social
Security Association, 2022).
See ILO, Social Protection for Migrant Workers in Countries of the Cooperation Council for the
Arab States of the Gulf: A Regional Mapping of Provisions on Paper and in Practice (Beirut,
International Labour Office, 2023).
See Maarten Vink, Gerard-René de Groot and Ngo Chun Luk, “Global Expatriate Dual Citizenship
Dataset”, Maastricht Centre for Citizenship, Migration and Development, available at
https://macimide.maastrichtuniversity.nl/dual-cit-database/.
GE.24-07075