A/66/264
migration and the labour needs of host countries and their detrimental consequences
for migrant populations as a whole and host societies at large. To assist States in
implementing human rights-based migration policies, the Special Rapporteur
offered practical recommendations for reforming regional and bilateral cooperation
mechanisms and agreements and provided good examples and alternatives to the
criminalization of irregular migration.
19. Recalling the obligation of States to protect the rights of the child at all stages
of the migration process, the Special Rapporteur considered the specific protection
needs and vulnerability of children in the migration process. 5 He identified three
categories of children affected by migration: children “left behind”, children “on the
move”, and migrant children in host countries. While noting that the impact of
migration on children left behind by adult migrants responsible for them is difficult
to measure, the Special Rapporteur stressed the necessity of promoting family unity
and reunion with family members in host countries. Children moving across borders
migrate with family members or independently, often for education or employment
opportunities, but also forcibly, when falling victim to organized crime networks.
These children, in particular when unaccompanied or undocumented, need specific
protection against sexual violence, deportation and repatriation, unlawful and
arbitrary deprivation of liberty. With respect to children in host countries, the
Special Rapporteur indicated two areas where enhanced efforts by States are
needed: protection from transnational organized crime and ensuring the full
enjoyment of human rights by children of a migrant background. Major challenges
in the protection of children during migration include the lack of child-specific
provisions, and the lack of distinction between adult and child migrants, in national
migration laws and policies and the particular vulnerabilities of the girl child and
children in irregular migration. To assist States in addressing these and other
pertinent issues, the Special Rapporteur presented a number of recommendations for
further consideration and action.
20. The Special Rapporteur’s third focus concerned the realization of the rights to
health and adequate housing in the light of the growing trend in many host countries
to adopt immigration policies and measures which significantly hamper the
enjoyment of those rights. 6 He expressed concern at the general lack of
comprehensive policies and measures aimed at protecting the rights of migrants to
health and adequate housing and noted that the absence of necessary support, such
as language training and information about laws and regulations, further obstructed
the enjoyment of these rights. In relation to the right to health, the Special
Rapporteur was concerned at the vulnerability of migrants to poor health due to
their low socio-economic status. He observed that their entitlements and access to
health care varied enormously. At one end of the spectrum, 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. The Special
Rapporteur identified women domestic migrant workers as one of the most
vulnerable groups of migrant workers and reported a widespread pattern of physical,
sexual and psychological abuse among these women. Concerning the right to
adequate housing, the Special Rapporteur noted “a disturbingly large gap” between
international human rights standards and the situation prevailing in many parts of
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5
6
11-44418
See A/HRC/11/17 and A/HRC/17/33.
See A/HRC/14/30 and A/HRC/17/33.
7