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