A/HRC/14/30
or housing, given their limited command of the language of the host State and their lack of
knowledge of the laws and systems in the host countries. The enjoyment of the rights to
health and adequate housing by migrants would be effectively hampered in the absence of
necessary support, such as the provision of language training or free information on
relevant laws and regulations.
17.
Connected to this concern is a lack of disaggregated indicators on the economic,
social and cultural rights of all individuals, including migrants.7 While the use of such
indicators is crucial in developing effective public policies which protect the rights to health
and adequate housing of all individuals including migrants, data collected in many
countries is not disaggregated by migrant status, rendering invisible irregular migrants in
particular.8
IV. The right to health for migrants
18.
The health dimension of migration and what the enjoyment of the right to health
means in this context are key concerns for the international community. This right is a longestablished norm in international human rights law, with a defined scope and content.9 The
central provision is article 12, paragraph 1, of the International Covenant on Economic,
Social and Cultural Rights, in which the States parties clearly recognize “the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health”.
19.
The application of the right to health to migrants is guaranteed by the principle of
non-discrimination provided, inter alia, in the Universal Declaration of Human Rights as
well as in article 2, paragraph 2, of the International Covenant on Economic, Social and
Cultural Rights. Further, the Committee on Economic, Social and Cultural Rights expressly
confirmed the States’ obligation to ensure equal access to preventive, curative and palliative
health services by all persons, including migrants regardless of legal status and
documentation.10 Similarly, referring to article 5 (e) (iv) of the International Convention on
the Elimination of All Forms of Racial Discrimination, the Committee on the Elimination
of Racial Discrimination recommended that States respect the right of non-citizens to health
by, inter alia, refraining from denying or limiting their access to preventive, curative and
palliative health services.11
20.
Additionally, article 43 of the Convention on Migrant Workers specifically obliges
States to ensure equal access to health care by regular migrant workers and their family
members. The Convention also guarantees the right of migrant workers and their family
members to receive any medical care that is urgently required for the preservation of their
life or for the avoidance of irreparable harm to their health, regardless of their irregularity
with regard to stay or employment (art. 28).
21.
In analysing the normative content of this right, it is recalled that the right to health
is not a right to good health, but rather a right to the enjoyment of a variety of facilities,
goods, services and conditions necessary for the realization of the highest attainable
7
8
9
10
11
6
UNICEF, briefing note, p. 5.
Ibid., p. 6.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000).
Ibid., para. 34; Committee on Economic, Social and Cultural Rights, general comment No. 20, para.
30.
General recommendation No. 30 (2004), para. 36.
GE.10-12615