A/HRC/11/7
page 19
73. The Special Rapporteur wishes to highlight that the general barriers to health-care services
and education, particularly in the case of low-skilled and irregular migrants and their children,
are often dependent on social inclusion (A/58/153/Rev.1). In most instances, access barriers may
be economic, social and cultural and relate to discrimination, language obstacles and legal
status.49
74. In past years, the Special Rapporteur was informed of cases of migrant children with an
irregular migration background who were devoid of protection and access to education, living in
shacks or abandoned buildings in extremely poor sanitary conditions (E/CN.4/2005/85/Add.3),
and observed the progress made in the protection of migrant children, particularly in relation to
the extension of health coverage and care services, regardless of the immigration status of those
concerned. A good practice documented by the Special Rapporteur on the right to health was the
case of Sweden, where undocumented children receive health-care assistance on the same basis
as resident children (A/HRC/4/28/Add.2). Some States have also prohibited the denial of
health-care services on the grounds of irregular migration status; such is the case in Uruguay
(law 18.250, art. 9) and Argentina (law 25.871, art. 7).
75. The Special Rapporteur invites States to apply their immigration laws, in line with the
protection of the family as the natural and fundamental group unit of society50 and the most
favourable environment for the full and harmonious development of the child personality,51
unless they deem it not appropriate to do so in the child’s best interests.52
76. The Special Rapporteur wishes to draw the attention of States to the need to adopt a
comprehensive rights-based approach to the management of migration, since migration policies
may have a direct impact on the enjoyment of human rights by children. Policies excluding legal
avenues for the regularization of irregular migrants and that prohibit the access of irregular
(adult) migrants to employment may also have an impact on the standard of living of children;
migration policies should therefore take into consideration the impact that they may have on the
enjoyment of human rights by migrants. In this connection, the Special Rapporteur wishes to
highlight that regularization policies constitute a good example of practices aimed at
strengthening social integration and cohesion, ensure the human rights of migrants and attain
State goals such as social security, public health coverage and social inclusion. Regularization
49
See Helena Nygren-Krug, “International migration, health and human rights”, Health and
Human Rights Publication Series, issue No. 4, WHO, 2003.
50
See the Universal Declaration of Human Rights, art.16; the International Covenant on Civil
and Political Rights, art. 23; the International Covenant on Economic, Social and Cultural
Rights, art. 10; and the International Convention on the Rights of All Migrant Workers and
Members of Their Families, art. 44.
51
See World Conference on Human Rights, Vienna Declaration and Programme of Action,
para. 21.
52
Convention on the Rights of the Child, art. 9.1.