A/HRC/17/33
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 was effectively hampered in the absence of
necessary support, such as the provision of language training or free information on
relevant laws and regulations. Connected to this concern was a lack of disaggregated
indicators on the economic, social and cultural rights of all individuals, including migrants.
37.
Migrants may be more vulnerable to poor health by virtue of their often low socioeconomic status, the process of migration and their vulnerability as non-nationals in the
new country. The mental health of migrants was also an issue of concern, as factors such as
social isolation caused by separation from family and social networks, job insecurity,
difficult living conditions and exploitative treatment could have adverse affects. The
processes of migratory movement may also have a significant negative impact on the health
of migrants before they arrived in the host country.
38.
Entitlements and access to health care for migrants and the level of such care varied
enormously, depending on the State in focus as well as on immigration status. It ranged
from migrants only being able to access emergency care to expansive health coverage for
all, including migrants in irregular situations. At one end of the spectrum, regular migrants
satisfying certain conditions had entitlements comparable to citizens of host States,
although there were differences between long-term and short-term migrants with regard to
entitlements and access. At the other end, non-nationals were not able to access life-saving
medication, because facilities denied treatment on the basis of “being foreign” or not
having a national identity document.
39.
Female migrant workers engaged in domestic services were one of the most
vulnerable groups of migrant workers. There appeared to be a widespread pattern of
physical, sexual and psychological abuse of migrant domestic workers, and they were also
often exposed to health and safety threats without being provided with adequate
information about risks and precautions. Migrant women and girls also often experienced
different and more problematic pregnancy and gynaecological health issues, compared to
the host population.
40.
Regrettably, there were vast discrepancies between international human rights norms
and their actual implementation in the field of health care for migrant children, whether
these children are in regular or irregular situations, accompanied or unaccompanied.
Inadequate care had long-lasting consequences on a child’s development; for this reason,
and in the light of the State duty to protect the most vulnerable, access to health care for
migrant children should be an urgent priority. In general, the constraints on the rights of
adult migrants immediately had an adverse impact on the rights of their children, and in the
long term, inhibited the children’s development.
41.
In analysing the challenges faced by migrants in the enjoyment of the right to
adequate housing, the Special Rapporteur noted that this right is not a right to mere shelter,
but the right to live in a safe, peaceful and dignified environment, whether or not adequate
housing is contingent on a number of elements, including the security of tenure,
affordability, accessibility, location and availability of services, facilities and infrastructure.
In the context of migrants, the attention of the Special Rapporteur had been drawn to
challenges in accessibility and the security of tenure, owing to migrants’ vulnerable status
as non-nationals.
42.
In practice, however, a variety of challenges remained to be tackled in fully realizing
this element of the right to adequate housing. In the private housing market, discrimination
often inhibited migrants’ access to adequate housing. Discrimination in housing also
resulted from poverty and economic marginalization. Migrants, who experienced
marginalization in the labour market and often had difficulties in securing stable jobs with
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