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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.

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28 April 2011 United Nations, New York Alejandro Morlachetti. LL.M

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Migration and Youth:Overcoming Health Challenges Panel 2Institutional 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

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