HUMAN RIGHTS COUNCIL CONCLUDES DIALOGUE WITH SPECIAL RAPPORTEURS ON THE RIGHT TO HEALTH AND THE RIGHTS OF MIGRANTS

The Human Rights Council this morning concluded its interactive dialogue with the Special Rapporteurs on the right to health and on the human rights of migrants.

Anand Grover, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, in concluding remarks stressed that the right to health framework required participation which was very meaningful for those affected by the decision-making process. Central and local authorities should proactively arrange meetings to seek and take into account the view of civil society.

Francois Crepeau, Special Rapporteur on the human rights of migrants, in concluding remarks stressed that migrant workers had rights on an equal footing with all other citizens in the country where they lived, and recalled that under international human rights law all fundamental rights should be applied to all persons regardless of status or situation. In terms of sharing good practices from other countries, he said that setting up firewalls was an excellent way of effectively managing migration.

In the general discussion, speakers said that a comprehensive approach to the right to health was needed and that access to medicines was just one aspect to consider. States had to ensure the availability of medicines at affordable prices. Furthermore, it was important to strengthen international cooperation in this field, such as through technology knowledge and transfer. While States had the primary responsibility for enhancing access to medicines, it was also the shared responsibility of various stakeholders, both national and international.

On the rights of migrants, speakers noted the particular vulnerability of irregular migrants and said that a human rights-based approach should be used when addressing them. Change was needed with regards to the reception of migrants crossing borders to seek employment, their access to healthcare, and regularization of their situation in the destination country. The underlying causes of migration flows had to be further looked into. The importance of cooperation and burden-sharing was also highlighted in the discussion.

Speaking in the discussion were Mexico on behalf of the Group of Latin American and Caribbean Countries, Brazil, Gabon on behalf of the African Group, Burkina Faso, Pakistan on behalf of the Organization for Islamic Cooperation, Algeria on behalf of the Arab Group, Argentina, Bahrain, European Union, Sierra Leone, Venezuela, Thailand, Ecuador, Saudi Arabia, Montenegro, Angola, India, Indonesia, Sudan, Ethiopia, Egypt, Portugal, Djibouti, Cuba, China, Norway, South Africa, Belarus, Morocco, United States of America, Paraguay, Syria, Sri Lanka, Algeria, Holy See, Côte d’Ivoire, Togo, United Nations Children’s Fund, Nigeria, Honduras, Philippines, Bangladesh, Uruguay, Bolivia and Libya.

The following non-governmental organizations also took the floor: Caritas International, International Commission of Jurists, Action Canada for Population and Development, Elizabeth Glaser Pediatric AIDS Foundation, Mouvement contre le racisme et pour l’amitié entre les peuples, Canadian HIV/AIDS alliance, Human Rights Now, Worldwide Organization for Women and Peace Boat.

Italy and Greece spoke as concerned countries.

The Special Rapporteurs presented their reports on Monday, 27 May in the afternoon, and Azerbaijan, Tajikistan, Japan, European Union, Tunisia and Turkey spoke as concerned countries. Summaries of their statements can be found in HRC/13/54.

The Human Rights Council is today holding a full day of meetings from 9 a.m. to 6 p.m. During its midday meeting, it will hold an interactive dialogue with the Special Rapporteurs on trafficking in persons and on extreme poverty and human rights. Later this afternoon it is scheduled to hold an interactive dialogue with the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, and with the Special Rapporteur on the independence of judges and lawyers.

Statements by Concerned Countries

Italy, speaking as a concerned country, said that Italy attached the utmost priority and was firmly committed to promote and protect the human rights of all migrants. Such commitment affirmed the establishment of its Ministry of Integration and International Cooperation. Italy believed that the report should have reflected in a more balanced way the Italian system of reception and assistance to migrants and the importance that Italian legislation and administrative procedures gave to their human rights. Italy reiterated that the Italian Migration Act allowed migrants full access to justice and that judges underwent regular training and refresher courses. In some instances the Special Rapporteur based his criticism of the Italian system of reception and management of migrants on oral testimonies alone.

Greece, speaking as a concerned country, said that the report focused on a series of key issues concerning the rights of migrants which remained at the centre of Greece’s attention. The Greek Action Plan on the Reform of the Asylum System and Migration Management was launched in January this year and Greece would review it on a regular basis. The European Union, Member States and the competent international organizations, including the United Nations High Commissioner for Refugees in Athens, had recognized that progress had been made. It had to be borne in mind that Greece faced and would continue to face an extremely strong migratory pressure and challenges due to its geographic position.

Greek National Commission for Human Rights said it fully agreed that progress had been made but noted that much still remained to be done. The Greek National Commission for Human Rights also fully agreed with the conclusions and recommendations of the Special Rapporteur on the rights of migrants. It noted that the European Union asylum system had to be redesigned and focused on human dignity and rights, rather than stockpiling human beings in certain States.

Clustered Interactive Dialogue with Special Rapporteurs on the Right to Health and on the Human Rights of Migrants

Mexico, speaking on behalf of the Group of Latin American and Caribbean Countries, said that the Group welcomed the report of the Special Rapporteur on the right to health, in particular his thematic report on access to medicines. The Group of Latin American and Caribbean countries accorded high priority to this issue given that epidemics and illnesses affected populations without discrimination. It was important to strengthen international cooperation in this field. The price of medicine hindered access and reducing prices was a goal to be supported. Turning to the report of the Special Rapporteur on the human rights of migrants, the Group recognized the importance of migrant flows for the countries it represented as a contemporary phenomenon that affected the human rights agenda. States could not undermine the rights of undocumented migrants and they should not be criminalized.

Brazil thanked the Special Rapporteur on the right to health for his study on access to medicines, adding that the issue had been on the human rights radar for more than a decade. It had been addressed by various United Nations bodies. With the delivery of the Special Rapporteur’s report, the issue should be addressed with even greater scrutiny. Brazil asked the Special Rapporteur to elaborate on his recommendations on access to medicine. Brazil would put forward a draft resolution on access to medicine to the Human Rights Council.

Gabon, speaking on behalf of the African Group, said that the report of the Special Rapporteur for migrants on the external borders of the European Union was welcomed but noted the gap between the rhetoric of the European Union and its policies in practice. The African Group said that migrants were often fleeing persecution and stressed that in considering the issue the underlying causes of such flows had to be seen in a global context. Turning to the report of the Special Rapporteur on the right to health, the African Group noted that the right to access to medicine was accompanied with the right to other things such as food and water, and urged an integrated international approach to the matter that took into account human rights law.

Burkina Faso said that most migrants today were young persons who came from vulnerable countries, so it was appropriate to pay attention to the rights of migrant workers, who often included women and children. Those in an irregular situation were particularly vulnerable. Burkina Faso stressed that decisions regarding migrants should be informed by a human rights approach. Change was needed with regard to the reception of migrants crossing borders to seek employment, their access to healthcare, and regularization of their situation in the destination country.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that effective legislation was needed, for which detailed data on migrant workers would be required, especially concerning migrants in an irregular situation. A human rights based approach would be helpful in addressing the issue of the rights of migrants, who, among other things, suffered discrimination in their access to healthcare. Measures should be taken to reduce irregular border crossings. Finding durable solutions to the problem should include addressing the root causes of migration.

Algeria, speaking on behalf of the Arab Group, commended the work carried out by the Special Rapporteurs and said that migrants faced great difficulties in many areas, including healthcare and access to employment, despite there being a number of international treaties protecting migrants’ rights. Migrants also faced difficulties during their journey to the destination country, which further increased their vulnerability. The human rights of migrants enshrined in national and international legislation would be taken into account and migrants should be provided with appropriate support.

Argentina shared the view that States should not base their actions and initiatives on a vision focusing on the market but rather one that gave priority to accessing medications of quality. On the rights of migrants, Argentina shared the view of a need for a paradigm shift from a security-based approach to a comprehensive human rights approach. Repressing regular migration was counterproductive. The current economic crisis could not be used to legitimize political and otherwise restrictive discourse.

Bahrain said that it placed high importance on promoting quality healthcare and agreed with the recommendations of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. The development of strategies and vision had been undertaken in Bahrain and goals included the prioritization of access to preventative health care of a high quality and enabling easy access to healthcare.

European Union said that the right to health had to be considered in a comprehensive manner, adding that access to medicine was just one element to take into consideration. The quality and rational use of medicines were equally important elements. The European Union wondered about the role that the pharmaceutical industry could play in the realization of the right to health.

Sierra Leone said States had to protect the right to health of everyone, and this had not been given the status it deserved in human rights bodies as, it was argued, other mechanisms covered it. The human rights-based approach to the provision of healthcare was paramount. Turning to the Special Rapporteur on the human rights of migrants, Sierra Leone said that the external borders of the Schengen zone and the European Union made it difficult for African citizens to enter into the workforce legally and that more routes to legal migration should be opened in order to stem illegal flows.

Venezuela linked the reports of the Special Rapporteurs for both the right to health and the rights of migrants by highlighting those parts of the former report that concerned the health of migrants. The focus of the Special Rapporteur for migrants on a rights-based approach to migration was to be welcomed and such terms as “illegal migrants” should be replaced with “irregular migrants”. Venezuela reaffirmed its support for the protection of the rights of vulnerable groups including migrants.

Thailand believed that universal health care and a rights-based approach was the correct way forward and was sponsoring a side event on “Promoting the Right to Health through Universal Health Coverage” on Wednesday, 29 May, to look at this. Thailand asked the Special Rapporteur on the rights of migrants to elaborate on his theme of “irregular migrants” while it agreed with a human rights-based approach to the problems associated with migration.

Ecuador said that economic and social rights were closely associated with all other human rights. Ecuador had established a number of programmes to protect the rights of migrant workers, including those who returned to Ecuador after having worked abroad. Several hundreds of migrant workers, including medical staff, had recently returned to Ecuador. Measures were being taken by Ecuador to combat trafficking in persons and to monitor the tourism section to prevent sexual exploitation. Ecuador said that the lack of legal regulation concerning migrants gave rise to xenophobia and discrimination.

Saudi Arabia commended the Special Rapporteurs on their reports and said that it placed emphasis on the provision of affordable and high quality healthcare services which met the needs and aspirations of all citizens. Saudi Arabia reported that it had established a one-stop shop company which provided medicines to the public sector. It had also invested millions in increasing awareness and promoting the right to health, which included the free provision of medicines to patients.

Montenegro thanked the Special Rapporteurs for their comprehensive reports and said that its practices and policies regarding migration were in line with European Union policies. A number of bilateral agreements had been signed to deal with irregular migration. Particular attention was being paid to the situation concerning neighbouring Croatia, that was about to join the European Union. Montenegro had taken specific awareness-raising measures and continued to integrate human rights and guarantees into its legal framework for migrant workers.

Angola said that it shared the point of view that the protection of the human rights of migrants had to be a fundamental element of migration policy. It was concerned that the protection of the rights migrants, especially irregular migrants, was not enjoyed on the ground in some instances. Angola recognised the challenges faced when it came to border management. Countries were invited to look at alternatives to detention and were encouraged to look for lasting solutions.

India said that access to medicines was an integral component of the right to health and that it was important that States ensured that the privatization of the health sector did not threaten this. India agreed that while States had the primary responsibility for enhancing access to medicines, it was also the shared responsibility of various stakeholders, both national and international. Pricing was indeed a major factor that determined access to medicine. Among other things, States had to ensure the availability of essential medicines at affordable prices.

Indonesia shared the view on the need for both receiving and sending States to ensure non-discriminatory health policies for migrants irrespective of their status. In Indonesia, the right of all persons to attain the highest standard of physical and mental health was acknowledged and ensured by the State. Indonesia believed that it was the responsibility of States to ensure access for all without discrimination to affordable, safe and quality medicine, and stressed the need for the international community to continue cooperation in promoting the full realization of the right to health.

Sudan thanked the Special Rapporteur on the right to health for his report which focused on one of the most important issues related to the right to health: the right to access to medicine as a precondition to the ability to enjoy the highest attainable standard of physical and mental health. The 2005 constitution of Sudan guaranteed healthcare and medication to all its citizens and it applied a 25-year strategy that included price controls, echoing the recommendations made in the report of the Special Rapporteur for health. An international approach was important.

Ethiopia attached high importance to the rights of migrants and had done much to protect their human rights. It had also addressed human trafficking. The protection of the rights of migrants was an issue of global concern that deserved the concerted effort of States, international organizations and others. Ethiopia would be happy to hear more from the Special Rapporteur on migrants on his assessment of the effectiveness of international cooperation with regard to the rights of migrants.

Egypt agreed with the Special Rapporteur’s observation that though irregular migration took on a particular meaning in the aftermath of the Arab Spring, where there were some significant movements of migrants across the Mediterranean, this had not over the longer term produced any significant inflow of new migrants to northern borders of the Mediterranean. Egypt welcomed the report of Mr. Grover on the right of migrants to health, adding that receiving States needed to revisit their national health policies to make them more migrant sensitive.

Portugal said that the realization of the rights of migrants was a priority for Portugal, whose efforts in that area had been internationally recognized. Portugal was committed to protecting the enjoyment of economic, social and cultural rights and had participated in targeted Mobility Partnerships between the European Union and Cape Verde and the Republic of Moldova as well as in the dialogue on mobility and security with Mediterranean countries.

Djibouti said that migration was closely linked to the right to health and that the focus should be on the most vulnerable persons, who were often illiterate and poor. Protection frameworks were not fully implemented and more work was needed in that area. Djibouti was facing a humanitarian crisis because of migration, and in order better to deal with the problem it had recently adopted a specific policy to promote and protect the rights of migrants.

Cuba said that equitable access to safe and accessible medicines was fundamental to the enjoyment of a number of human rights. Cuba had a regulatory system which guaranteed timely access to appropriate, quality medication. What concrete measures could be put in place to improve North-South cooperation and improve the access of migrants to healthcare? Given the impact of the financial crisis on migrants, Europe should continue to combat discrimination, xenophobia and other attitudes which were against migration and violated the rights of migrants.

China said that the right to health was important. China had implemented a health system reform. The prices of medicines had been reduced by approximately 30 per cent. It hoped the Special Rapporteur could make recommendations regarding international cooperation, especially technology transfer in the medical field as well as other forms of support. On the rights of migrants, one of the basic problems was the disparity between rich and poor and development between countries, and root causes had to be addressed.

Norway said that understanding each of the determinants of access to medicines was critical to promoting equity in access to medicines and health commodities. Norway had supported partnerships to increase access to medicine through working with Governments, multilaterals, and the private sector. It supported the recommendation which advised that States abolish mandatory testing of migrants for conditions such as HIV and pregnancy, which violated the right to health as they were carried out without consent and failed to respect the right to privacy, autonomy, dignity and confidentiality of health information.

South Africa said that it believed that the principle of non-discrimination was at the core of access to medicines and it highlighted the notion of justiciability of economic, social and cultural rights. South Africa noted that the report was silent on the issue of intellectual property rights in the context of access to medicines. The Government had prioritized the policy framework for the development of Universal Health Coverage, which remained imperative in addressing the key health challenges facing its people.

Belarus said that the rights of migrants in the European Union were frequently violated and there had been an increase in right-wing groups inciting racial hatred against migrants. The Special Rapporteur pointed out the gap between policy and practice when it came to migrants in the European Union. Non-governmental organizations had reported ill-treatment in European Union detention centres. Recent events in Sweden raised the question of what were the causes of such tensions. Belarus asked the Special Rapporteur to comment further.

Morocco said that migrants lived in fear and this made them vulnerable with regard to their healthcare needs; there were conventions guaranteeing the right to healthcare for migrant workers and States should recognize these rights more explicitly. The lack of data in this area was also an obstacle toward a better understanding of this important topic.

United States said it felt that access to medicine was, contrary to the conclusion of the report of the Special Rapporteur on the right to health, a domestic matter and differed markedly with his idea of a “paradigm shift” away from market mechanisms of medicine provision. It criticized some of the legal assumptions underlying the report and noted the non-binding nature of the Special Rapporteur’s views and the sources on which his report relied. On migrants, the United States encouraged the Special Rapporteur to build upon the theme of vulnerable migrants by examining third-country nationals fleeing conflict zones and other sensitive categories of migrants.

Paraguay said that it was disturbing that over 15,000 persons had lost their lives between 1998 and 2012 trying to migrate. It was the obligation of the international community to fight all forms of stigmatization which undervalued migrants in societies. Migrant workers vitalized the economy of the countries in which they worked and should not be seen as a threat. Paraguay was concerned about the use of systematic detention as an instrument of dealing with migration and about the lack of alternative mechanisms.

Syria said that it had played a pioneering role in the provision of medicines. Until 2012, Syria had 60 facilities in which medicines were manufactured and exported to the rest of the world. The extensive destruction of infrastructure which had been caused by terrorists in the last year had affected those facilities and had also impacted on the right of Syrians to health. A large number of ambulances had been burned, and problems were also reported in transporting medicines to the provinces. Nevertheless, Syria was still striving to provide free health cover to all.

Sri Lanka said that access to medicines was an integral component of the right to health and expressed concern that a third of the world’s population, living mainly in developing countries, did not have regular access to essential medicines. Sri Lanka’s concerted action in implementing a universal health care system with the provision of free medicines had resulted in an impressive record of health indicators in comparison to many countries in the region. Sri Lanka was committed to pursuing the Millennium Development Goals which also encompassed the provision of access to affordable drugs.

Algeria shared concern that irregular migration led to significant challenges including the protection of human rights. The climate of economic crisis had led to a negative perception of migrants. Countering underground networks that generated profit from migratory movements also had to be addressed. An innovative multilateral approach was needed to counter these misperceptions and networks. Two decades after the adoption of the International Convention for the Protection of Migrant Workers and their Families, less than 50 countries had signed or acceded to it.

Holy See found that the report of the Special Rapporteur on the full realization of access to medicines gave insufficient attention to certain factors cited as key elements by the Special Rapporteur. It was the belief of the Holy See that a comprehensive analysis on accessibility had to reach beyond legal frameworks to include an examination of the social and political realities that deprived millions of people from the enjoyment of the highest attainable standard of physical and mental health because of the obstacles they placed on access to medicines.

Côte d’Ivoire said that inequalities in the area of development and resources distribution that characterised and polarised the world meant that people in need were looking for a better life and a more prosperous horizon. A number of destination countries had set up provisions in order to deal with the consequences of these migration flows or stop them from reaching their countries. If they were allowed to regulate migratory flows, according to international law they had a duty to ensure that the rights of migrants were ensured regardless of the regular or irregular status.

Togo welcomed the report of the Special Rapporteur on the right to health with regard to access to medicine, and endorsed it. Togo had a national development plan for 2012-2015 which endeavoured to provide healthcare to its citizens, particularly those with HIV/AIDS. Mosquito nets and other provisions were also being made available and Togo thanked the technical assistance of partners in the international community.

United Nations Children’s Fund welcomed the recommendation of the Special Rapporteur on migrants that children should never be detained and added furthermore that there was evidence that the detention of parents could permanently harm children’s mental and physical health. Children affected by migration should be treated as a “holistic group” whose rights were considered in an integrated manner. The Convention on the Rights of the Child protected the rights of all children and this should be taken into account in States’ migration policies and practices.

Nigeria said that the report of the Special Rapporteur for migrants was focussed on Europe but noted that migration and the challenge to human rights it could represent was a global phenomenon. Nigeria welcomed the integration of migration programmes into the institutional and policy framework of the European Union as well as the strengthening of the rights-based approach to the European Union’s migration policy. It shared the concern of the Special Rapporteur about attitudes that linked migration with crime and supported the recommendation that the term “illegal migrant” be avoided.

Honduras said that with 214 million persons moving across borders all over the world, migration was a major issue and migration flows were expected to increase both in numbers and in complexity. It was therefore essential to deal with the challenges posed by migration, always focusing on border management and ensuring the wellbeing of migrants. Honduras was convinced that migration promoted development in the countries of origin, transit and destination, and was taking measures to improve the situation of migrants inside and outside Honduras.

Philippines agreed that the protection and implementation of the rights of migrant workers were among the most neglected of the basic human rights of migrants. The Philippines, as a country of origin of many migrant workers, welcomed the statements by both Special Rapporteurs and appreciated their human rights based approach. The Special Rapporteur’s report was a reminder that the issue of migrant workers’ access to health required closer attention. The Philippines remained concerned that there was still a lack of guarantees of the rights of migrants in an irregular situation.

Bangladesh said that Bangladeshi migrant workers contributed to the economy of destination countries and it was unfortunate that those workers often endured harassment. It was important for States to examine carefully their national policies and laws in order to identify ways in which those might be preventing migrant workers from having access to adequate healthcare. Bangladesh agreed with the Special Rapporteur that any detention policy should be in line with international legal regimes, and supported his human rights approach to dealing with that issue.

Uruguay said that often access to health services was complicated, reduced or even made impossible for migrants. There should be no obstacles to comprehensive healthcare. Migrants in Uruguay were now able to receive identify papers within 48 hours after the initiation of the process. How could situations in which the fundamental human rights of migrants were violated be addressed? Uruguay noted the lack of attention given to the rights of migrant children in the report of the Special Rapporteur on the rights of migrants.

Bolivia said that Bolivia’s migrant population had opted to migrate to countries of the European Union among others and contributed to their receiving societies, but they still continued to be stigmatised and negatively viewed, which often resulted in limited access to rights and discrimination. The human rights of migrants should not be further violated and border policies should be trained to address this. Bolivia urged for further ratification of the Convention for the Protection of the Rights of Migrant Workers and their Families.

Libya underlined the importance of facilitating access to healthcare for everyone including migrants, as well as the importance of technology transfer and capacity building for receiving countries. It also underlined the importance of the provision of all necessary support for poorer countries to ensure that economic migration decreased. The importance of ensuring access to medicines at a reasonable price was also emphasised. Libya recalled that it was vital to counter trafficking of medicines and this should be done in conjunction with the United Nations Office for Drugs and Crime.

Caritas Internationalis commented on the report of the Special Rapporteur for health and said it was a missed opportunity to promote access to paediatric medicine, and even more specifically, children with HIV/AIDS. It found the report lacking in its consideration of healthcare for migrants.

International Commission of Jurists responded to the report of the Special Rapporteur on the human rights of migrants and said that it concurred with its broad themes but drew his attention to certain European Union initiatives that risked being in contravention of international human rights law.

Action Canada for Population and Development speaking in concert with Polish Women’s Rights non-governmental organization, welcomed the call for access to medicines made by the Special Rapporteur for health, but called for more attention to be paid to improving access to emergency contraception.

Elizabeth Glaser Paediatric AIDS Foundation said that those who faced the biggest challenge were children living with HIV. Thirty years into the HIV epidemic, children continued to be left behind when it came to accessing medicines. It was a matter of concern that only 28 per cent of children living with HIV had access to appropriate medication. States should address the needs of children living with HIV.

Mouvement contre le racisme et pour l’amitié entre les peuples said that more than 3,000 Iranian asylum-seekers in Iraq had been forcibly relocated in 2012 from Camp Ashraf to Camp Liberty and that living conditions in Camp Liberty were so severe that the Working Group on arbitrary detention described it last year as similar to those prevailing in a detention centre. The situation required immediate investigation.

Canadian HIV/AIDS Legal Network said that it welcomed the Special Rapporteur’s focus on the precarious health situation of construction workers, domestic workers, agricultural workers and sex workers. What could States do better to address the issues raised by the Special Rapporteur and how could the Council give more systematic attention to the rights of sex workers, including those marginalized because of their gender identity?

Centre for Reproductive Rights commended the Special Rapporteur for highlighting the lack of medical abortion drugs for women. Medicines should be economically accessible to all sections of the population and especially to women whose reproductive needs were different from that of men. States had an obligation to ensure that all medicines, including contraception and medical abortion, were available.

Human Rights Now said that the contamination of huge areas of Japan with radioactive materials following the Fukushima accidents created an important health risk for the population, particularly for children and pregnant women. Japan should urgently review current practices and ensure people’s right to live in a safe and health environment and take all measures to proactively prevent negative impact.
Worldwide Organization for Women said that the fear of being deported prevented migrants in irregular situations and their families from reporting human rights violations by their employers or landlords. Deportation had become common in some places and had led to procedural shortcuts, while harmful practices in such situations negatively impacted families and allowed for general and wide-spread exploitation.

Peace Boat said that it was the right of those affected by radiation to resettle in a safe environment with all necessary assistance assured by the Japanese authorities. Affected citizens had to be entitled to unrestricted access to accurate and comprehensive information on radiation levels and risks and the evolving situation at the plant from independent sources.

Concluding Remarks by the Special Rapporteurs on the Right to Health and the Human Rights of Migrants

ANAND GROVER, Special Rapporteur on the right to the highest attainable standard of physical and mental health, stressed that the right to health framework required participation which was very meaningful for those affected by the decision-making process. Central and local authorities should proactively arrange meetings to seek and take into account the view of civil society. The participation of vulnerable groups including women and children and the elderly, had to be adequately ensured. Japan was urged to consider public participation in the manner just highlighted. The Committee on Economic, Social and Cultural Rights in its concluding observations had urged the Japanese Government to provide credible and accurate information on hazards, for prevention plans. On access to medicines, it was suggested that the right to health framework be rights-based. This was an opportune moment for Brazil, Russia, India and China, the BRICS countries, to transfer technologies to Least Developed Countries. On migration and data on irregular migrants, if irregular migrants were criminalised and stigmatised, then such information would not be obtainable.

FRANCOIS CREPEAU, Special Rapporteur on the human rights of migrants, in concluding remarks, said that the issue of the detention of migrants and a list of alternatives to detention had been included in his statement last year. He agreed that the European Union directive on seasonal migrant workers was a good start to dealing with that specific category of migrant workers. He cautioned, however, that permanent positions should not be filled by temporary migrant workers because that would put them in a precarious situation. Mr. Crepeau stressed that migrant workers had rights on an equal footing with all other citizens in the country where they lived, and recalled that under international human rights law all fundamental rights should be applied to all persons regardless of status or situation. In terms of sharing good practices from other countries, he said that setting up firewalls was an excellent way of effectively managing migration.


For use of the information media; not an official record

HRC13/055E