A/HRC/14/30
A.
The right to health
64.
The Special Rapporteur welcomes national constitutions which recognize universal
access to health regardless of immigration status, such as those of Colombia (art. 49) and
South Africa (art. 27), and encourages other States to follow these practices. Some
countries, such as Uruguay91 and Argentina,92 prohibit by law the denial of health-care
services on the grounds of irregular immigration status.
65.
The Special Rapporteur has also been informed of the initiative by the Ministry of
Manpower of Singapore in September 2009 to increase the minimum medical insurance
coverage of foreign workers. He also was informed of the adoption in 2003 of the Act on
Foreign Workers’ Employment in the Republic of Korea, which introduces the
Employment Permit System for foreign workers. The System contains specific provisions
for health insurance and coverage for the occupational health and safety of migrant workers
in the manufacturing sector.
66.
The Special Rapporteur welcomes the guidelines for grantees adopted by the
Department of Health and Human Services of the United States of America, which requires
its health and welfare institutions to provide interpretation services and translation of vital
documents for clients who do not speak English.93
B.
The right to adequate housing
67.
The Special Rapporteur welcomes the universal application of the right to adequate
housing by regional human rights mechanisms. The European Committee of Social Rights
recently enunciated that a State has an obligation to provide adequate shelter to irregular
migrant children as long as they are in its jurisdiction and to ensure that the conditions
should be such as to ensure human dignity.94 The Special Rapporteur encourages other
regional human rights mechanisms to promote the principle of non-discrimination in the
application of the right to adequate housing.
68.
The Special Rapporteur also welcomes the provision of clear guidance on the
responsibilities of housing providers in ensuring equal access to housing. For example, in
Canada, the Policy on Human Rights and Rental Housing, adopted by the Ontario Human
Rights Commission in 2009, states that a prospective tenant cannot be refused a rental
apartment on the grounds of, among other things, his or her race, colour, ethnic background
or citizenship, including refugee status. Harassment by housing providers or other tenants
or any unfair treatment on those grounds are also prohibited.
69.
The attention of the Special Rapporteur has been also drawn to initiatives
undertaken by trade unions, such as the operation of a seasonal work centre for migrant
workers by the trade union confederations Confédération Française Démocratique du
Travail and Force Ouvrière of France, in partnership with employers and local government
representatives. The centre provides information to migrant workers on, inter alia, their
91
92
93
94
18
Law 18.250, art. 9.
Law 25.871, art. 7.
See Department of Health and Human Services, Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English
Proficient Persons, available at: www.hhs.gov/ocr/civilrights/resources/specialtopics/lep/
policyguidancedocument.html.
European Committee of Social Rights, Defence for Children International (DCI) v. the Netherlands
(complaint No. 47/2008), Decision on the Merits of 20 October 2009, p. 4.
GE.10-12615