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N°19 Migration and the Right to Health

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N°19 Migration and the Right to Health N°19 International Migration Law Migration and the Right to Health: A Review of International Law N°19 International Migration Law Migration and the Right to Health: A Review of International Law Compiled and edited by Paola Pace Migration and the Right to Health: A Review of International Law TABLE OF CONTENTS FOREWORD.....................................................................................................vii ACKNOWLEDGMENTS .................................................................................ix ABBREVIATIONS ............................................................................................xi INTRODUCTION............................................................................................... 1 I. MIGRATION HEALTH IN THE INTERNATIONAL CONTEXT ........... 5 1. Health Across Centuries and the Right to Health .................................. 7 2. The Right to Health in the Context of Migration ................................ 13 3. Migration and the Protection Offered by International Law ............... 22 4. Conclusions ......................................................................................... 39 II. INTERNATIONAL INSTRUMENTS ....................................................... 43 II.1 GENERAL INTERNATIONAL INSTRUMENTS ................................. 49 1. Universal Declaration of Human Rights (excerpts), 1948 ................. 51 2. International Covenant on Economic, Social and Cultural Rights (excerpts), 1966 .................................................................................. 52 CESCR General Comment No. 5: persons with disabilities (excerpts), 1994 .................................................................................. 55 CESCR General Comment No. 14: the right to the highest attainable standard of health (art. 12), 2000 ...................................... 56 3. International Covenant on Civil and Political Rights (excerpts), 1966 .................................................................................. 90 HRC General Comment No. 6: the right to life (Article 6), 1982 ..... 92 4. International Convention on the Elimination of all Forms of Racial Discrimination (excerpts), 1965 ....................................... 101 CERD General Recommendation XX on non-discriminatory implementation of rights and freedoms (Article 5), 1996 ................ 103 CERD General Recommendation XXX on discrimination against non citizens (excerpts), 2004 ............................................... 105 CERD General Recommendation XXVII on discrimination against Roma (excerpts), 2000 ......................................................... 106 5. Declaration of Alma-Ata, 1978 ........................................................ 125 II.2 SPECIFIC INTERNATIONAL INSTRUMENTS ................................ 129 II.2.1 NON-NATIONALS ........................................................................... 131 CERD General Recommendation XI on non-citizens (Article 1), 1993 ....................................................................................................... 133 iii Migration and the Right to Health: A Review of International Law CERD General Recommendation XXX on discrimination against non citizens, 2004 .................................................................................. 134 HRC General Comment No. 15: the position of aliens under the Covenant, 1986 ...................................................................................... 140 HRC General Comment No. 31: the nature of the general legal obligation imposed on States parties to the Covenant, 2004 ................. 144 6. Declaration on the Human Rights of Individuals Who are Not Nationals of the Country in which They Live (excerpts), 1985....... 145 7. WHA61.17 Resolution ‘Health of migrants’, 2008 ......................... 147 II.2.2 STATELESS PERSONS .................................................................... 151 8. Convention relating to the Status of Stateless Persons, 1954 .......... 153 II.2.3 MIGRANT WORKERS .................................................................... 155 9. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (excerpts), 1990 ................................................................................ 157 II.2.3.1 ILO CONVENTIONS AND RECOMMENDATIONS ................. 171 10. Convention No. 97 concerning Migration for Employment (Revised 1949) (excerpts), 1949 ...................................................... 173 11. Recommendation No. 86 concerning Migration for Employment (Revised 1949) (excerpts), 1949 ...................................................... 176 12. Convention No. 143 concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (excerpts), 1975 .............................. 182 13. Recommendation No. 151 concerning Migrant Workers (excerpts), 1975 ................................................................................ 184 II.2.4 VICTIMS OF TRAFFICKING IN PERSONS .................................. 187 14. Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (excerpts), 2000 ..................................................................... 189 15. OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking (excerpts), 2002 .............................. 191 II.2.5 CIVILIAN PERSONS IN TIME OF ARMED CONFLICTS ........... 197 16. Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, 1949 .......................................................... 199 17. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 1977 ............................ 212 iv Migration and the Right to Health: A Review of International Law 18. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 1977 ................... 217 II.2.6 REFUGEES ....................................................................................... 221 19. Convention relating to the Status of Refugees (excerpts), 1951 ..... 223 II.2.7 INTERNALLY DISPLACED PERSONS (IDPs) ............................. 225 20. Guiding Principles on Internal Displacement (excerpts), 1998 ....... 227 II.2.8 DETAINEES...................................................................................... 231 21. Standard Minimum Rules for the Treatment of Prisoners (excerpts), 1955 ................................................................................ 233 22. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (excerpts), 1988 ............. 237 23. Basic Principles for the Treatment of Prisoners (excerpts), 1990 ... 239 24. United Nations Rules for the Protection of Juveniles Deprived of their Liberty (excerpts), 1990 ...................................................... 240 25. UNHCR Revised Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum Seekers (excerpts), 1999 ................................................................................ 246 II.2.9 INDIGENOUS PEOPLES ................................................................. 249 26. Convention No.169 concerning indigenous and tribal peoples in independent countries (excerpts), 1989 ....................................... 251 27. United Nations Declaration on the Rights of Indigenous Peoples (excerpts), 2007 ................................................................................ 253 II.2.10 WOMEN .......................................................................................... 255 28. Convention on the Elimination of All Forms of Discrimination against Women (excerpts), 1979 ...................................................... 257 CEDAW General Recommendation No. 14: female circumcision, 1990.................................................................................................. 260 CEDAW General Recommendation No. 15: avoidance of discrimination against women in national strategies for the prevention and control of acquired immunodeficiency syndrome (AIDS), 1990.................................................................................... 262 CEDAW General Recommendation No. 18: disabled women, 1991.................................................................................................. 264 CEDAW General Recommendation No. 21: equality in marriage and family relations, 1994 ................................................................ 265 CEDAW General Recommendation No. 24: women and health (Article 12), 1999 ............................................................................. 266 CEDAW General Recommendation No. 26: women migrant workers (excerpts), 2008 .................................................................. 276 v Migration and the Right to Health: A Review of International Law II.2.11 CHILDREN ..................................................................................... 293 29. Convention on the Rights of the Child (excerpts), 1989 ................. 295 CRC General Comment No. 3: HIV/AIDS and the rights of the child, 2003........................................................................................ 303 CRC General
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