Migration and Youth:Overcoming Health

Challenges

Panel 2Institutional Framework and

Multilateral Cooperation: Identifying Achievements and Protection Gaps

28 April 2011United Nations, New York

Alejandro Morlachetti. LL.M

International legal framework regarding health rights of

young migrants

Right to health recognized in several human rights treaties & national constitutions

Migrants’ Right to Health

Human Rights Treaties - Non Discrimination clause (Nationality)

ICRMW: Distinction Regular/Irregular migration• Right to equal treatment regarding access to social and

health services for regular migrant workers and member of their family.

• Emergency health treatment represents a minimum standard for those migrants in an irregular situation (Art. 28)

• Art. 81 Nothing in the present Convention shall affect more favorable rights by virtue of bilateral or multilateral treaty in force for the State Party concerned.

International legal framework regarding health rights of

young migrants

CRC • Non Discrimination/status of parents (Art 2

CRC) • G.C 6 (Unaccompanied and separated

children) ICESCR (Art.2)• G.C 14 (Health)• G.C 20 (Non Discrimination)

CERD• G.C 30 (Discrimination non citizens)

WHO resolution 61.17 (migrant health)

Latin American Region

Inter-American Court of Human Rights - Advisory Opinion No. 18: "... a person's immigration status may in no way justify depriving him or her of the enjoyment and exercise of his or her human rights ...".

VIII South American Conference on Migration, Declaration of Montevideo on Migration, Development and Human Rights of Migrants, 19 September 2008

Declaration of Montevideo, VIII Ibero -American Conference of Ministers and Authorities of Children and Adolescents. October 2006

Increase benefits – Decrease risks of youth migration

Elimination of criminalization of irregular migration, in particular regarding adolescents and young migrants

Abolition of requirements on health services providers and educational authorities to report irregular migrants to authorities

Right to health and access to services is recognized in national laws, in particular for adolescents and young people

Regularization programs to promote integration of adolescent and young migrants in host societies

Increase benefits – Decrease risks of youth migration

Training for health providers, policy makers, health management on right to health and how it aplies to young migrants, refugees and others

International cooperation between international organizations and governments at the bilateral, regional, and multilateral levels to facilitate family reunification, access to social security and social services

Social protection floor granted to all adolescents and young people regardless of migrant status

Multilateral Agreements - MERCOSUR

MERCOSUR: 1) Argentine 2) Brazil 3) Paraguay & 4) Uruguay.

Associate members: Bolivia, Chile, Colombia, Ecuador, Peru & Venezuela.

Agreement on Residence for Citizens of MERCOSUR Member States (2002) Member + Chile & Bolivia

Citizens of a member State or associated State who wish to reside in the territory of another member State or associated State may be granted legal residence there upon establishment of their nationality (Art. 1)

Equality of civil rights, some social rights, family reunification and right to education for children regardless of irregular status of parents. (Art.9)

MERCOSUR Nationality Criterion/Argentina

In order to be able to reside in Argentina, MERCOSUR citizens may avail themselves of the nationality criterion without any other immigrant admission criterion, for instance being a worker, student, investor.

National Program for the Standardization of Immigration Documents, "Patria Grande Program", designed to regularize the status of irregular migrant MERCOSUR nationals.

Nationals of a member State or an associate State of MERCOSUR and have no criminal record.

Temporary residence permit for two years, after which they be granted permanent residence

MERCOSUR - Argentina

Migratory flows are mainly regional and consist primarily of three national groups: Paraguayans, Bolivians and Peruvians (in that order).

These groups account for almost 90 per cent of applications for residence filed on the basis of a MERCOSUR nationality in the last three years.

PATRIA GRANDE 2004-2010 -Regularization Program

382.000 Temporary permits

474.000 Permanent permits

National Level

Legislation granting access to Health Services and Education even with irregular immigration status

Argentina Law No. 25871, Article 7 & 8 (2004)

Uruguay Law No. 18.250, Article 9 &11 (2008)

The authorities shall provide guidance and advice concerning the procedures for resolving irregularities in the immigration status.

Bilateral agreements and cooperation

Right to health and sexual and reproductive rights for migrants (UNFPA LACRO – AECID – National Governments)

Mexico – Guatemala Nicaragua – Costa Rica Haiti – Dominican Republic Ecuador – Colombia Argentina- Bolivia

Argentina - Bolivia

UNFPA “Campaign for Sexual and Reproductive Rights of Migrant Women and Youth”

35.8% of Bolivian young mothers between 15 - 19 years, duplicate proportion of Argentinean young women (16.6%).

Information kits to 6.500 Primary Health Care Centers

Slogan: “Open the Door It’s the law”

Information about migration law and the right to health granted by the law, including access to sexual and reproductive health services and prevention of sexually transmitted diseases

Information about National Migration Delegations for regularizations

Training to health professionals

Communication campaigns – Local radios

Open the Door. It’s the law