1 The rights of migrants in
reception countries
1. The primary response of states to the perceived “problem”
of migration from developing countries has been to implement increasingly
restrictive migration practices and tighter border controls.
Note However,
such policies have generally failed to achieve their stated objectives
and generated counterproductive results, for example increased undocumented
migration and greater risk to human lives and human rights standards.
Note As regards
the latter, sexual and reproductive health and rights apply to refugees
and persons such as internally displaced persons (IDPs), irregular
migrants and ethnic minorities. However, such persons are often
not only discriminated against or denied access to health care provision
in general, but more specifically sexual and reproductive health
and rights services. Consider, for example, in the case of Roma
women, disturbing allegations of forced sterilisation without their
full and informed consent
Note and police brutality resulting in miscarriage.
Note Furthermore, in 11 out of 47 member
states of the Council of Europe some 390 000 IDPs are living in
collective centres, without access to basic services, including
adequate health care.
Note States
must ensure an even-handed approach in the provision of social and
health care services and education (including sexual and reproductive
health and rights programmes) for migrants and citizens.
2. Basic health and social services are frequently denied to
detained migrants (including asylum seekers and irregular migrants).
For example, pregnant migrant women detained in the United Kingdom
have described systematic neglect and an institutionalised failure
to provide the vital resources and health care which expectant mothers
are entitled to, and there are reports of women having miscarried
in immigration detention.
Note Furthermore, there are no common rules
regulating the minimum standards associated with immigration detention
centres. Not only should the fundamental right to medical treatment
be guaranteed, but early screening of mixed migration flows should
take place (as far as is practicable) on arrival to enable illnesses
to be treated promptly and to provide the means by which individuals
may be orientated or guided to complementary services and support.
An improved detection mechanism for diseases and conditions including tuberculosis,
HIV/Aids and psychiatric disorders is of obvious importance to the
state of wider public health.
Note
2 Improving conditions in sending countries
3. Whilst the processes of migration and development
are reciprocally related, development aid and improved conditions
in migrant-sending countries should not be seen as a medicine against
migration. Nevertheless, at European Union level, there have been
proposals to stop aid to migrant-sending countries which do not
co-operate in containing undocumented migration. Furthermore, development
aid forms only a tiny fragment of the overall budget of the European
Union, other regional bodies and individual member states.
Note There are also doubts about
the credibility and utility of aid programmes and whether or not
funds are directed to the people who need them.
4. The European Court of Human Rights has held that the responsibility
of Council of Europe member states is only engaged in very rare
and exceptional cases concerning the return of asylum seekers with
HIV/Aids to their country of origin.
Note At the same time,
states are not living up to their ICPD+15 responsibilities as regards
aid donations to (among other things) combat HIV/Aids. Whilst developing
countries should take primary responsibility for their own development,
Council of Europe member states should take long-term steps to assist
countries of origin to guarantee free, universal access to HIV/Aids
treatment as a means of reducing migration in order to receive life-saving
treatment abroad.
Note Furthermore,
whilst development aid has increased as regards treatment of HIV/Aids,
it has decreased as regards
prevention
mechanisms. Therefore, states should
ensure that donations for development address migration concerns
and, in particular, cover both the cost of disease treatment and
prevention in the form of effective family planning, sex education
and awareness-raising campaigns.
3 The positive contribution of migration to development
and population stabilisation
5. International migration constitutes an “ideal means”
of promoting co-development, that is the co-ordinated and concerted
improvement of economic conditions in both countries of origin and
areas of destination, based on the complementarities between them.
Note In the context of development,
the positive effects of migration in the receiving country and the
country of origin must be recognised and form part of the migration
policy of both states. Therefore, efforts should be stepped up to
comprehensively explore the relationship between migration and development,
and to create coherence between migration and development policies,
in the broadest sense, both in discourse and in practice.
6. As regards the country of destination, the benefits of international
migration, not only for migrants themselves but also for the receiving
society, are contingent on the extent to which the rights of migrants
are protected, including regularisation of irregular migrants, labour
rights, and access to sexual and reproductive health and rights
services. First, women tended to migrate to follow husbands or families
or as “dependants”, but today, more and more women migrate independently,
leading to greater autonomy of women and an increase in the proportion
of women in paid employment.
Note Second, whilst the European population
is simultaneously shrinking and ageing, migration should be seen
as an important component of population growth. Third, migrant women
have been instrumental in policy making in the field of migration
and development, for example in Germany migrant women shaped policies
aimed at combating trafficking or combating racism, or in lobbying
for independent legal status.
Note Therefore, states should
ensure the empowerment of migrant women and sexual and reproductive
health and rights in the receiving country.
7. As regards the country of origin, remittances sent back by
female migrants contribute to the eradication of poverty – they
increase family incomes and help to defray education and health
costs, which would otherwise be incurred by the state. Social remittances
or the transfer of skills, know-how and technology can boost socio-economic
development and promote democracy, human rights and gender equality.
For example, after working in Greece, Albanians brought home new
agricultural skills that enabled increased production.
Note The voluntary return
of skilled migrants or reception of skills over a long period of
growth can close wage gaps between rich and poor nations and may
reduce the feeling of relative deprivation which in turn will reduce migration.
Migration should be integrated into development policy and the necessary
funds should be allocated to this area in order to strengthen the
positive aspects of the migration process.
8. Integration of migrants and their families is a key challenge
for Europe but the primary response of states has been to discourage
family reunification and encourage and prepare migrants to return
to their home countries.
Note Migration
policies in sending and receiving countries impact on both women
and men during the migration process; however, migrant women are
disproportionately disadvantaged as regards their personal development
(which is sometimes thwarted). Measures taken to improve the situation
of migrant women, including the grant of independent legal status
and permission to work when admitted for family reunification, and
safeguarding their rights are key. Integration includes taking into
account the sexual and reproductive health and rights concerns of
migrants. European member states should develop comprehensive integration policies
to give migrants every opportunity to participate and contribute
to the life of their host society.
