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some facilities migrant girls are co-located with adult men without access to social
workers who are knowledgeable and experienced regarding their needs and
vulnerabilities.
4.
Push-back and forced return
91. With the push-back against migrants on the rise, there have been documented
cases of the forced return of pregnant mothers, new mothers and transgender migrants
at international borders. 97 This kind of push-back is sometimes accompanied by the
excessive use of force, including against pregnant women. 98
92. In a number of cases, forced return to countries of origin have been proven to
be particularly dangerous. Women who are forced to return to their countries of origin
are often forced to resettle internally, and they may remain socially anonymous for
fear of detection by the criminal gangs or partners they fled in the first instance. There
have been documented cases of women being revictimized and stigmatized upon
return.
5.
Negative impact on the right to family unit
93. Regrettably, some countries have adopted measures that set up obstacles to the
reunification of migrant women with their family members, for example, by providing
quotas for the spouses of migrants. Other countries have increased requirements for
language tests, raised fees or placed additional restrictions on access to social benefits
for children wishing to join their migrant parents. Such practices forc e many migrant
women to live in the country of destination without their children or spouse.
6.
Lack of timely access to relevant and up-to-date information
94. Providing relevant up-to-date information in a manner that migrant women can
understand continues to be a challenge in some countries. Pre-departure programmes
in a number of countries, while commendable, do not sufficiently address the
underlying causes for the discrimination and subordination of women and girls within
patriarchal systems, and how they are intrinsically linked to their situations of
vulnerability. 99
7.
Insufficient access to health, including sexual and reproductive health
95. Many migrants, including women and girls, continue to lack access to health care services, including health promotion, disease prevention, treatment and care, as
well as financial protections in this regard. Sometimes nationality or legal status is a
determinant for who is entitled to access health-care services. The specific situations,
demands, views and needs of migrant women in detention are often unmet, in
particular concerning menstrual hygiene and their sexual and reproductive health and
rights. For instance, pregnant women in detention centres may have to deliver their
children in inadequate conditions, or may suffer miscarriages. 100 The detention of
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97
98
99
100
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https://rm.coe.int/gec-2018-12-protecting-the-rights-of-migrant-and-refugee-asylumseekin/16808fde22).
Molly Hennesse-Fiske, “Pregnant women, other vulnerable asylum seekers are returned to
Mexico to await hearings”, Los Angeles Times, 19 May 2019 (https://www.latimes.com/nation/lana-migrant-remain-in-mexico-20190519-story.html).
Belgrade Center for Human Rights, Macedonian Young Lawyers Association and Oxfam, “A
Dangerous ‘Game’: The pushback of migrants, including refugees, at Europe’s Borders”, April
2017 (https://www-cdn.oxfam.org/s3fs-public/file_attachments/bp-dangerous-game-pushbackmigrants-refugees-060417-en_0.pdf).
Maria Amparita, “An analysis of the Philippine legal and policy frameworks”, p. 49.
See submission of the Global Detention Project.
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