A/HRC/14/30
rights as well as on housing and operates a building to house hotel workers during the hotel
season.
VII. Conclusions and recommendations
70.
In conclusion, the realization of the rights to health and adequate housing plays
a crucial role in the integration of migrants in host societies. Obstructing and limiting
access to services, institutions and goods that give effect to such fundamental rights
represents not only violations of migrants’ human rights, but also obstacles to
migrants’ inclusion and their active participation in the host States. In the view of the
Special Rapporteur, such denial of human rights carries significant costs not only to
migrants and their home countries, but also to host countries, including social
disintegration and public health dangers. Despite progress made as a result of a
number of encouraging good practices, the Special Rapporteur considers that many
challenges lie ahead and wishes to make the following recommendations.
71.
As a matter of fundamental principle, States should fulfil the “minimum core
obligation” to ensure the satisfaction of minimum essential levels of primary health
care as well as basic shelter and housing for all individuals within their jurisdiction,95
regardless of their citizenship, nationality or immigration status, including migrants,
migrants in irregular situations, migrant children and women. In times of severe
resource constraints, the vulnerable members of society must be protected by the
adoption of relatively low-cost targeted programmes.
72.
States should expressly recognize in laws the rights to health and adequate
housing for all individuals, regardless of their nationality or immigration status.
Particular attention should be paid to removing laws which have a disproportionately
negative impact on the enjoyment of these rights, such as the criminalization of
irregular migration and the “obligation to denounce”. States should also strengthen
legal frameworks to guarantee access to justice regardless of immigration status.
73.
States should collect disaggregated data and develop indicators on access to the
rights to health and adequate housing by all individuals, paying particular attention to
vulnerable groups such as migrants in irregular situations, migrant children and
women. The indicators should form the basis of rights-based interventions designed to
promote access to the rights to health and adequate housing by all.
74.
As newly-arrived migrants may encounter practical difficulties in obtaining
information which enables them to meaningfully exercise their rights, States should
provide free information and advice on relevant laws, policies and regulations and
local practice as well as language training for migrants who do not speak the language
of the host States.
75.
States should also consider and develop policies on the regularization and
integration of migrants in irregular situations in order to reflect their contributions to
the host societies and to provide better protection of their rights, including those to
health and adequate housing.
95
GE.10-12615
Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 10.
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