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migrant workers include eligibility for medical insurance systems, language and
cultural barriers, lack of access to transportation and information about health -care
services, hours of work and clinic and family doctor roster systems that are reserved
for residents, etc. Migrant workers in employer-provided housing may also face loss
of housing if they are unable to work owing to illness or injury. Migrant workers face
barriers in accessing both acute and long-term health care for occupational illness and
injury, and those injured at work or who have an occupational illness face
considerable barriers in accessing workers’ compensation systems built for citizen
workers. In some cases, workers have been returned to countries of origin prior to
receiving health care and filing compensation claims. Non-emergency health care is
particularly out of reach for migrant workers, for example routine medical exams and
screening for cancer or other illness, reproductive health care, mental health care,
ocular care and dentistry. Prior to the pandemic, in many countries migrant workers
had little access to vaccines, preventive medicine, physiotherapy or other
non-emergency treatments. Few have access to low-cost pharmaceuticals or
medications, even when medically necessary (e.g., diabetes medication).
48. Furthermore, access to temporary labour migration programmes is often
contingent on passing a series of medical tests pre-departure, on arrival and during
their time on these schemes. Some of this mandatory testing is discriminatory (such
as for HIV or pregnancy), and migrants who do not pass these tests are denied visas
in some of the major destination countries, even if the injury or illness was sustained
during work in the country of employment. These are violations that regularly result
in long-term health consequences for migrant workers, including the injury or death
of migrant workers, especially those engaged in low-wage work: violations of the
right to life that authorities often attribute to “natural causes.” 56
49. Irregular migrant workers face additional health risks (e.g., lack of safety
training or personal protective equipment) and barriers to accessing health care. Many
will not qualify for access to government-funded health-care services which may be
restricted to those with legal documentation, and/or they may not be able to pay the
high cost of private health-care services or access assistance for uninsured patients.
Furthermore, many will not even seek health-care services owing to lack of firewalls
between health-care services and immigration enforcement, which is in contravention
of general recommendation No. 38 (2020) of the Committee on the Elimination of
Discrimination against Women on trafficking in women and girl s in the context of
global migration (CEDAW/C/GC/38), paragraph (54) (c), which highlights the
importance of access to care and reporting without fear of reprisals or loss of status,
in particular in the context of trafficking of women and girls. Women migrant workers
face particular health risks in their workplaces owing to their concentration in care
work, which heightens their exposure to infectious and communicable disease, as well
as sexually transmitted infections and sexual and gender-based violence. For women
migrant workers, accessing sexual and reproductive health rights is particularly
challenging, since workers risk termination of employment for pregnancy and
reprisals for reporting sexual and gender-based violence.
9.
Access to justice and accountability measures
50. Access to justice is a basic rule of the law 57,58 and is fundamental in protecting all
migrant workers. This requires full legal equality and equal protection under the law,
access to fair dispute resolution and access to remedy. Migrant workers’ access to justice
is clearly stipulated in law under ILO-C190 article 10 (a) and (b (i–v)). Legal systems
are often not adjusted to the particular vulnerabilities of migrant workers, in particular
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OHCHR, We Wanted Workers, but Human Beings Came (see footnote 7).
International Covenant on Civil and Political Rights, art. 14.
Universal Declaration of Human Rights, art. 8.
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