A/HRC/14/30
girls may be up to three to four times higher than that of host populations. Additionally, the
absence of prenatal care may contribute to the high incidence of premature births,
preeclampsia, and other complications among migrant women and girls.32 In some countries
where citizenship is granted based on the jus soli principle (birthright citizenship), several
obstacles and limitations have been put in place, intended to prevent migrant women from
giving birth in the host country and thus acquiring citizenship for their children.33
Moreover, pregnant migrant women may be obliged to pay hospital fees based on their
nationality or immigration status in cases where nationals do not have to pay. Particular
concern is raised in relation to pregnant migrant women and girls in irregular situations
who are charged for services rendered other than on an emergency basis.34
32.
With regard to immigration detainees, the Special Rapporteur received reports of
detainees being wilfully and maliciously denied proper medical treatment, to which they are
entitled by legislation, while they are in the custody of the national authorities.35 This is
particularly worrying with respect to children and women, as well as with respect to victims
of torture. The denial of reproductive rights for those who have been sexually assaulted or
the failure to provide adequate information on their reproductive choices in the event of
pregnancy are breaches of the obligation of States to ensure equal access to health care.
D.
The right to health for migrant children
33.
The Convention on the Rights of the Child extensively provides for the right of the
child to the enjoyment of the highest attainable standard of health (art. 24). In that same
article, obligations are placed on States to make every effort “to ensure that no child is
deprived of his or her right of access to such health care services” by, inter alia, providing
children with “necessary medical assistance and health care” and ensuring “appropriate
prenatal and post-natal healthcare for mothers”.
34.
Regrettably, there are vast discrepancies between international human rights norms
and their actual implementation in the field of health care for migrant children, whether
these children are in regular or irregular situations, accompanied or unaccompanied.
Inadequate care has long-lasting consequences on a child’s development; for this reason,
and in the light of the State duty to protect the most vulnerable, access to health care for
migrant children should be made an urgent priority.
35.
In general, the constraints on the rights of adult migrants immediately have an
adverse impact on the rights of their children, and in the long term, may inhibit the
children’s development.36 Reports suggest that poor working and economic conditions for
migrant adults affect the general health and welfare of their children, as manifested in the
32
33
34
35
36
10
P. Bollini and others, “Pregnancy outcome of migrant women and integration policy: a systematic
review of the international literature”, Social Science and Medicine, vol. 68, No. 3 (February 2009),
pp. 452–461.
Brooke Kirkland, “Limiting the application of jus soli: the resulting status of undocumented children
in the United States”, Buffalo Human Rights Law Review, vol. 12 (2006). See also for example N.
Bernstein, “Protests brew over attempt to deport a woman”, New York Times, 14 February 2006.
Available from www.nytimes.com/2006/02/14/nyregion/14deport.html.
See for example Ulrike Nordin, “Health care for the hidden”, Magazine of the Red Cross Red
Crescent, No. 1 (2007). Available from www.redcross.int/EN/mag/magazine2007_1/14-15.html.
See for example Human Rights Watch, Detained and Dismissed: Women’s Struggles to Obtain
Health Care in United States Immigration Detention (New York, 2009). Available from
www.hrw.org/en/reports/2009/03/16/detained-and-dismissed.
UNICEF, briefing note (see footnote 5), p. 12.
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