A/HRC/38/41
(b)
Effective access to health care
63.
Prior to any return, destination countries should verify that adequate health care is
effectively available. All returnees should be provided with medical documentation and a
supply of medication in order to ensure that any treatment they are undergoing is not
interrupted.
64.
Some migrants experience depression or trauma as a result of violence and abuse
endured during their migration, or face difficulties in their home country and decide to
migrate internally or remigrate abroad. Their specific needs should be addressed and
psychosocial counselling made available to facilitate their reintegration in their home
community.
(c)
Access to education, employment and an adequate standard of living
65.
Children enrolled in schools in countries of destination should be able to complete
the education cycle in which they are enrolled. 37 Prior to any return, States should ensure
that secondary education is available in the country of origin. Children, who might
otherwise face difficulties in continuing their education or training upon their return to their
country of origin, should receive education certificates, regardless of status. 38
66.
In the country of origin, school systems should accelerate their consideration of
school reports from other countries in order not to delay or interrupt education. Teachers
and administrators at schools receiving returning children or children returned with their
families should receive special sensitivity and cultural training: in the context of
immigration, children of returnees often have fewer opportunities than the second or third
generations, which benefit most in terms of economic and cultural capital from the
migratory experience.39
67.
Migrants are often returned to countries that are in full expansion and where
emigration is widespread, making the reintegration of returnees nearly impossible. In the
light of the demographic shifts of important destination countries and considering that the
large majority of migrants are of working age (in 2017, 74 per cent of all international
migrants were aged between 20 and 64 years),40 return and reintegration can be particularly
challenging for migrants; local economies might not be able to absorb the local workforce,
and only limited employment opportunities available.
68.
Economic reintegration activities, such as vocational training, business support or
other income-generating activities, should be conducted. Any skills acquired abroad should
be recognized and put to use. The capacity of absorption of the labour market and incomegenerating opportunities for the host community and returnees should be increased. In order
to ensure an adequate standard of living, public services should be made available.
(d)
Portability of pension, health and social security benefits
69.
Many migrants are not eligible for social security benefits either in the country of
destination or in the country of origin. Migrant returnees frequently risk losing their
entitlement to social security benefits in their home country because of their absence, while
at the same time encounter restrictive conditions under the social security system of their
country of employment. The portability of social security for migrants who wish to return
to their home country is also problematic. Access to social security is particularly difficult
for irregular migrants who, though often not able to participate in contributory schemes,
contribute to the financing of social protection schemes by paying indirect taxes. In
addition, residency requirements in certain countries deprive temporary migrants of access
to social security for long periods of time (A/HRC/26/35, para. 44).
37
38
39
40
14
See European Court of Human Rights, Vikulov and others v. Latvia, judgment, 25 September 2012.
See Ryszard Cholewinski, Study on obstacles to effective access of irregular migrants to minimum
social rights, Council of Europe Publishing, 2005.
Parvati Nair, “Homeward Bound? Questions on Promoting the Reintegration of Returning Migrants”,
UN Chronicle, vol. L, No. 3, September 2013.
Department of Economic and Social Affairs, International Migration Report 2017, p. 17.