A/78/180 portability of these rights across borders (e.g., accessing long-term disability when returned to countries of origin), which is particularly problematic for seasonal or temporary migrant workers. 44. ILO Migrant Workers Recommendation, 1975 (No. 151) establishes that all migrant workers living in the country of employment should have the right to any outstanding remuneration for work performed, including severance payments normally due; benefits for employment injuries suffered; compensation in lieu of any holiday entitlement acquired but not used (in accordance with national practice); and reimbursement of certain social security contributions, regardless of their status. However, migrant workers typically cannot access unemployment or sick leave benefits for which they often pay premiums and have difficulty obtaining wages owed after contracts are terminated, in part because they must leave the country when no longer working. Migrant workers face particular barriers to accessing workers’ compensation systems, including loss of earnings, return to work assistance, disability, long -term illness, death benefits and supplementary insurance schemes in the case of occupational injuries or accidents, irrespective of migration or residence status. 45. In cases where migrants are covered under social protection systems, those who are irregular migrants may still face exclusion. For example, in Tunisia, while it is commendable that health-related benefits are managed by the National Health Insurance Fund, and regular migrant workers and their families can access these benefits under the same conditions as Tunisians, irregular migrants remain excluded from these benefits. 51 In Lebanon, health-care benefits are extended only to formal non-Lebanese employees from one of the five European countries that maintain reciprocity of treatment for Lebanese citizens. Formal non-Lebanese employees of other nationalities contribute to the National Social Security Found but do not have access to benefits. 52 Furthermore, de jure social protection provisions for migrant workers in Gulf Cooperation Council countries continue to cause significant protection gaps, shaped by the legacy of the sponsorship system, an assumption that migration is only short term, and a dual social protection system that discriminates between national and migrant workers. 53,54 8. Access to health services 46. International human rights law provides that all persons, irrespective of their nationality, residency or migration status – or duration of visa or work permit – are entitled to preventive, curative and palliative health servi ces and prohibits any discrimination in access to health-care services and the underlying determinants of health. However, many migrant workers do not have full access to quality health -care services on a par with nationals during their stay. 47. Migrant workers are often concentrated in more dangerous jobs with high rates of accidents and injury (e.g. construction, agriculture), which can have direct and indirect impacts on the health of migrants. 55 Barriers to accessing health care for __________________ 51 52 53 54 55 14/21 ILO, Extending Social Protection to Migrant Workers in the Arab Region (Geneva, 2023). Available at www.ilo.org/beirut/publications/WCMS_886164/lang--en/index.htm. Ibid. ILO, Reforming end-of-service indemnity for migrant workers in Member States of the Cooperation Council for the Arab States of the Gulf (GCC): Policy Options for the Progressive Realization of International Social Security Standards (2023). Available at https://www.ilo.org/wcmsp5/groups/ public/---arabstates/---ro-beirut/documents/publication/wcms_886159.pdf. ILO, Review of National Social Protection Legislation and Legal Frameworks for Migrant Workers in the Gulf Countries (2023). Available at https://www.ilo.org/wcmsp5/groups/public/--arabstates/---ro-beirut/documents/publication/wcms_886063.pdf. ILO, Occupational Fatalities among International Migrant Workers (2021). Available at https://publications.iom.int/books/occupational-fatalities-among-international-migrant-workers. 23-13823

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