A/HRC/17/33/Add.4 detention at correctional facilities or awaiting deportation have complained about not being given the appropriate treatment. Another challenge is that translation is not provided, which sometimes makes it impossible for migrants to receive treatment. The Government should therefore fully implement its national strategic plan and ensure equality and nondiscrimination against marginalized groups, such as refugees, asylum-seekers and foreign migrants. 64. The Special Rapporteur heard testimonies in this regard when he visited the Lindela repatriation centre. He therefore urges the Government of South Africa to provide adequate health care and to comply and carry out national policies and guidelines, including for migrants in detention. 65. The Special Rapporteur also heard complaints in relation to access to health care for migrant workers and their families. He was informed that emergency health care in public hospitals is guaranteed for all, regards of a person’s legal status. Reports showed, however, that practices differ according to the province, municipality or hospital involved. As mentioned above, full implementation of the right to health care, including national frameworks, policies and guidelines, as well as international instruments to ensure health care for all those in need, regardless of migratory status, is therefore needed. E. Unaccompanied foreign children 66. The Special Rapporteur was informed about the situation of unaccompanied migrant children. Statistical sources suggest that, in Musina, there are 600 unaccompanied children, and that, in Johannesburg, as at September 2009, at least 150 unaccompanied minors were staying at the Central Methodist church. Many of these minors were boys, and the majority came from neighbouring countries such as Malawi, Mozambique, Swaziland and Zimbabwe. 67. The Special Rapporteur was informed that children migrate to South Africa for various reasons, including the death of parents or a dying parent to care for. The desire to flee from war or lack of access to basic services, or to seek better opportunities for work or education were also common reasons. 68. The Special Rapporteur calls upon the Government of South Africa to investigate into and to provide information on the situation of unaccompanied minors in the country. In his call, he underlines the vital importance of implement existing frameworks and policies regarding minors, as children left to them selves are extremely vulnerable and at a much higher risk of communicable diseases, psychosocial trauma, abuse and exploitation, including exploitative forms of labour and commercial sex work. 69. According to the South African Children’s Act (38/2005), unaccompanied minors may very well be “children in need of care and protection”; as such, they are eligible to the same level of protection as South African children. The Special Rapporteur was pleased to note that foreign children were protected under other South African laws as well. However, he regrets that this framework is yet to be fully implemented and urges the Government to strengthen measures and legislation against child labour. 70. The Special Rapporteur found that one of the biggest challenges facing minors was the lack of education. He was informed that some children who migrate to South Africa had not attended school for a long time and therefore had great difficulty in adjusting and attending school. Another reason for not attending school was that children had to work to support themselves or other family members. The Special Rapporteur underlines the obligation undertaken by South Africa to guarantee the right to education for everyone in both national and international instruments. Furthermore, he encourages the Government to 16

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