A/HRC/14/30 Covenant on Economic, Social and Cultural Rights (art. 2, para. 2), recognizes that individuals are entitled to all human rights without distinction of any kind as to “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. Economic, social and cultural rights are guaranteed to “everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation”,2 and the International Covenant on Economic, Social and Cultural Rights obliges States to take immediate, deliberate, concrete and targeted steps towards the realization of these rights.3 The non-discrimination principle vis-à-vis migrant workers is reinforced by the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Convention on Migrant Workers), which guarantees the human rights of all migrant workers and their families. 13. Notwithstanding that the principle of non-discrimination is well established in international human rights law, some misconceptions related to its applicability to nonnationals impede the universal implementation of the rights to health and adequate housing. Consequently, the enjoyment of these rights by non-nationals is often dictated by the host State’s laws, policies and practical concerns. 14. Various treaty bodies have expressed concerns that migrants and their families are often subject to discrimination in practice in the areas of employment, housing, health care and education.4 In the wake of the global economic crisis, discrimination and xenophobia have increased, as has the corresponding negative impact on the enjoyment of human rights by migrants. Increasingly, States have enacted restrictive measures which adversely affect the enjoyment of the rights to health and adequate housing, arguably as a means of deterring irregular migrants and promoting “voluntary” returns to countries of origin.5 Such laws discriminating against migrants or programmes and policies which fail to address the specific needs and vulnerabilities of migrants often make it difficult for migrants to obtain access to basic services or permit access only at levels that do not meet international human rights standards. 15. Further, the criminalization of irregular migration as well other related measures of immigration control may indirectly preclude the enjoyment of human rights by irregular migrants. Laws imposing requirements for public servants, health professionals, judiciary and other stakeholders to report irregular migrants to the police or immigration authorities effectively deny such migrants access to health care and housing, as well as access to justice, as they become reluctant to seek public services or legal remedies, fearing negative consequences flowing from the detection of their irregular status.6 16. The Special Rapporteur is also concerned about a general lack of comprehensive policies and measures aimed at protecting and promoting the rights to health and adequate housing for migrants. The absence of such policies and measures may give rise to violations of the States’ obligation to take steps towards the full realization of these rights. For instance, newly-arrived migrants may face a variety of challenges in accessing health care 2 3 4 5 6 GE.10-12615 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 30. Ibid., para. 36. See for example, concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families: Egypt (CMW/C/EGY/CO/1), para. 20, and Syrian Arab Republic (CMW/C/SYR/CO/1), para. 23. Ryszard Cholewinski, Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights (Strasbourg, Council of Europe, 2005), p. 17. UNICEF, briefing note, p. 9. See also Office of the Commissioner for Human Rights, Council of Europe, “Criminalisation of migration in Europe: human rights implications”, Issue Paper (Strasbourg, 2010). 5