Transcript Seminario-Taller sobre los Derechos Humanos de la

Migration and Youth:
Overcoming Health Challenges
Panel 2
Institutional Framework and Multilateral
Cooperation: Identifying Achievements and
Protection Gaps
28 April 2011
United 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