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hurdles: they may not be entitled to compensation for work accidents, or fear detection by
Government authorities by claiming compensation, or have difficulties proving the
existence of a work relationship.
7.
Restrictions on the right to medical care
42.
Some migrants find access to health services difficult, inter alia due to the distance
and lack of transportation. If they are sick, they may still be required to work. Some cannot
access subsidized health care because their employers do not provide them with identity
cards. The Special Rapporteur has received information indicating that, as a result of the
economic crisis, many migrants have lost their jobs, and thus their residency status, and as a
consequence are denied access to the public health-care system to which they have been
contributing.
8.
Indecent living conditions
43.
Many migrants live in housing which lacks basic infrastructure and services
including sanitation, electricity, potable water and adequate health-care services. The
Special Rapporteur has seen shocking living conditions of migrant workers he encountered.
The migrants, some with irregular migration status, lived in abhorrent conditions, in
overcrowded houses, without proper sanitation. The Special Rapporteur learned that the
wages received were often not sufficient to maintain an adequate standard of living. Some
migrants are promised housing by their employers, but find out upon arrival that no housing
accommodation has been made available.
9.
Difficult access to social security benefits
44.
The Special Rapporteur has received information indicating that many migrants are
not provided with social security benefits. Migrants frequently risk losing entitlement to
social security benefits in their home country due to their absence, and at the same time
they may encounter restrictive conditions under the social security system of their country
of employment. Portability of social security for migrants who wish to return to their home
country is also problematic. Social security is particularly difficult to access for irregular
migrants. While irregular migrants are often not able to participate in contributory schemes,
they still contribute to financing social protection schemes by paying indirect taxes. Also,
temporary migrants have difficult access to social security, due to long residency
requirements.
10.
Restrictions on the freedom of association
45.
The right to organize and engage in collective bargaining is essential for migrants to
express their needs and defend their rights, in particular through trade unions and labour
organizations. However, some countries reserve the right to form and join associations and
trade unions for their own nationals. The Special Rapporteur believes this is sometimes
linked to the authorities’ fear of migrants becoming more powerful and demanding their
rights. In some countries, irregular migrants are prohibited from joining trade unions. The
Special Rapporteur has been made aware of a case of denying legal status to a migrant trade
union, due to the fact that its membership included irregular migrants. He has also been
made aware of migrant trade union leaders who have been arrested and deported, or denied
entry to a country despite having valid travel documents.
11.
Trafficking and forced labour
46.
The Special Rapporteur has been made aware of cases of migrants who are recruited
by means of deception, for the purpose of economic and sexual exploitation. When the
work is exacted (including through deception or false promises on the type of work, and
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