Promotion of the Right of Migrants to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health

A/HRC/RES/26/21View PDF

Who adopted this document and its mandates?

A Resolution of the Human Rights Council, under agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2014.

What subjects does this mandate have?

8 subjects

Anti-Discrimination Measures Health Care Delivery Human Rights Immigration Policy International Obligations Migrants Right to Health Technical Cooperation

What’s in this document?

20 operative paragraphs

Takes note with appreciation of the report of the Special Rapporteur on the human rights of migrants,⁴ invites States to give due consideration to the recommendations contained therein, and welcomes his work;

⁴A/HRC/26/35.

Calls upon States that have not yet done so to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as a matter of priority, and requests the Secretary-General to continue his efforts to promote and raise awareness of the Convention;

Reaffirms the duty of States to effectively promote and protect the human rights and fundamental freedoms of all migrants, especially those of women and children, regardless of their immigration status, in conformity with the Universal Declaration of Human Rights and the international instruments to which they are party;

Stresses that the enjoyment of the highest attainable standard of physical and mental health contributes to the full enjoyment of human rights;

Calls upon States to promote and protect the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, as reflected in the Universal Declaration of Human Rights and the International Covenant of Economic, Social and Cultural Rights, and encourages them to promote equitable access to health services, disease prevention and care for migrants, subject to national laws and practice, without discrimination of any kind;

Expresses concern at legislation and measures adopted by some States that may restrict the human rights and fundamental freedoms of migrants, including the enjoyment of the highest attainable standard of physical and mental health;

Reaffirms that, when exercising their sovereign right to enact and implement migration and border security measures, States have the duty to comply with their obligations under international law, including international human rights law, in order to ensure full respect for the human rights of migrants;

Calls upon all States to ensure that their immigration policies are consistent with their obligations under international human rights law, and to promote the enjoyment of human rights by all migrants without discrimination, including by taking steps:

To promote and protect the right of all persons to the highest attainable standard of physical and mental health without discrimination of any kind and, to this end, to provide emergency medical and first-aid attention for migrants who need it, regardless of their immigration status, and to create a safe and enabling environment in which individuals and organizations that provide such attention can operate free from hindrance and insecurity;

To promote access to health services for everyone and migrant-sensitive health policies, including by taking into account physical, financial, cultural and linguistic barriers that may contribute to furthering inequalities;

To the effect that domestic law and administrative provisions and their application facilitate the work of medical personnel and staff, humanitarian workers, human rights defenders and any other actor providing humanitarian assistance to and defending the human rights of irregular migrants, including by avoiding any criminalization, stigmatization, impediments, obstructions or restrictions thereof contrary to international human rights law;

To ensure that no person engaged in medical activities is penalized in any way for refusing or failing to give to immigration authorities information concerning the immigration status of a person under his or her care or for providing health care and health-related assistance to undocumented migrants;

To ensure that persons engaged in medical activities are not compelled to perform immigration duties or any other acts contrary to the rules of medical ethics or other rules designed for the benefit of the patients;

To ensure that health-care workers who interact with migrants on a routine basis have good information about the rights of migrants in different legal statuses and about their obligations towards migrants;

Encourages countries of origin, transit and destination to seek technical assistance from and/or to collaborate with the Office of the United Nations High Commissioner for Human Rights and the World Health Organization to better promote and protect the human rights of migrants, including the right to the enjoyment of the highest attainable standard of physical and mental health;

Takes note with appreciation of the actions taken by several special procedures of the Human Rights Council and the treaty bodies for the effective prevention of violations of the human rights of migrants, including through joint statements and urgent appeals, and encourages them to continue their collaborative efforts to this end, within their respective mandates;

Requests the Special Rapporteur on the human rights of migrants and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, within their respective mandates, to continue their efforts to promote and support the building of greater synergies among States to strengthen cooperation and assistance for the protection of the human rights of all migrants and to promote their right to health;

Requests the Special Rapporteur on the human rights of migrants to continue to report on practical solutions, including by identifying best practices and concrete areas and means for international cooperation, in order to enhance the protection of the human rights of migrants and to continue to pay attention to the topic of the universal enjoyment of human rights for all migrants;

Encourages States and regional and international organizations to enhance cooperation with the Special Rapporteur;

Decides to remain seized of the matter.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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