A/HRC/14/30
assault.87 Even where unaccompanied children are provided with housing by the State, they
are often accommodated in hostels or bed and breakfast accommodation,88 which may not
be a suitable environment for children.
VI. Good practices
60.
In discharging his mandate, the Special Rapporteur has come across a number of
initiatives, activities and policies implemented by Governments, international
organizations, civil society and other stakeholders which reflect their commitment to the
realization of migrants’ rights to health and adequate housing. He believes it is important to
exchange information on good practices with a view to bridging policy and protection gaps
at all levels.
61.
The Special Rapporteur commends efforts undertaken by Governments to ensure
migrants’ access to economic and social rights, regardless of immigration status. For
example, the Migration Law (Law 25.871 of 2004) of Argentina recognizes the State
obligation to ensure equal access to, inter alia, shelter, social services, public goods, and
health for migrants and their families, regardless of immigration status. In Spain, all
migrants, regardless of immigration status, are also entitled to register in the local
government’s register, which is a requirement for, inter alia, having access to education and
health care. It is worth noting that the content of the registration information is not shared
with immigration authorities.
62.
A number of initiatives have been also undertaken at the regional level. For
example, the Migration Policy Framework for Africa, adopted by the African Union in
2006, aims at developing a coordinated migration policy based on common priorities,
including the interlinkages among migration, poverty and conflict as well as between
migration and health.89 In 2008, the Inter-American Commission on Human Rights also
developed the Guidelines for the Preparation of Progress Indicators in the Area of
Economic, Social and Cultural Rights, in which it recommends that States consider groups
and sectors enduring situations of severe inequality which limit their enjoyment of social
rights, including migrants in irregular situations.90 In the Asia-Pacific region, there are
initiatives, such as the Joint United Nations Initiative on Mobility and HIV/AIDS in SouthEast Asia, which seek to develop and strengthen policies, legislation, plans and mechanisms
to ensure universal access by migrants to HIV prevention, treatment, care and support
services throughout the migration cycle.
63.
The Special Rapporteur also notes initiatives undertaken by trade unions. For
example, the Estonian Association of Trade Unions, the Central Organization of Finnish
Trade Unions (SAK) and the Finnish Union of Salaried Employees (TU) provide
information to migrant workers on housing, work permits, taxes, employment applications
and services offered by trade unions. In the Republic of Korea, the Medical Mutual-Aid
Union for Migrant Workers in Korea systematically responds to the issues of irregular
migrant workers and its programmes have been expanded to provide regular migrant
workers without workplace health insurance with, inter alia, health care and treatment
through a mobile clinic in several cities, as well as financial support for medical expenses
such as hospitalization, emergency treatment and childbirth/delivery.
87
88
89
90
GE.10-12615
Yaqub, “Independent child migrants”, p. 52.
PICUM, Undocumented Children, p. 80.
Migration Policy Framework for Africa, p. 2. Available from: http://fasngo.org/assets/files/resources/
EXCL276_IX__Strategic_Framework_for_Policy_Migration.pdf.
OEA/Ser.L/V/II.132, Doc. 14 (2008), para. 53.
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