CMW/C/GC/2
73.
The Committee considers that access to urgent medical care must be ensured to all
migrant workers on the basis of equality of treatment with nationals and thus on a nondiscriminatory basis. Although medical care need not necessarily be free of charge, equality
of treatment requires that the same rules for payment of fees or exemption from payment
apply to migrant workers and members of their families as to nationals. States parties
should prohibit the charging of excessive fees from migrant workers in an irregular
situation or requiring immediate payment or proof of payment before the service is
delivered. Urgent medical care should never be withheld due to the inability to pay. States
parties should also ensure that migrant workers and members of their families are provided
with information on the medical care provided and information about their health rights.
States parties should also ensure that doctors and health professionals are provided with
culturally sensitive training regarding health care for migrant workers and members of their
families.
74.
Article 28 prohibits the refusal of such medical care to migrant workers because of
an irregularity with regard to their stay and employment. States parties should not use
health care as an instrument of immigration control, which would effectively prevent
migrant workers in an irregular situation from contacting public health care providers out of
fear of deportation. Toward this end, States parties shall not require public health
institutions to report or otherwise share data on the migration status of a patient to
immigration authorities, and health care providers should also not be required to do so. 33
Moreover, States parties shall not conduct immigration enforcement operations on or near
facilities providing medical care, as this would limit migrant workers and members of their
families from accessing such care.
4.
Right to education
75.
Article 30 of the Convention protects the “basic right of access to education” of all
children of migrant workers “on the basis of equality of treatment with nationals of the
State concerned.” Article 30 also provides that access to public preschool educational
institutions or schools shall be without prejudice to the migration status of the child
concerned or parents of the child. The Committee, in accordance with article 13 of the
International Covenant on Economic, Social and Cultural Rights, is of the view that States
parties must provide free and compulsory primary education for all, including children of
migrant workers, regardless of their migration status. As such, States parties have an
obligation to eliminate all direct costs of schooling, such as school fees, as well as alleviate
the adverse impact of indirect costs, such as expenses for school materials and uniforms.
Access to secondary education by children of migrant workers must be ensured on the basis
of equality of treatment with nationals. Accordingly, whenever children who are nationals
have access to free secondary education, States parties must ensure equal access by children
of migrant workers, irrespective of their migration status. Similarly, when States parties
provide different forms of secondary education, including vocational education, they should
also make them accessible to children of migrant workers. The same principle applies to
free preschool education or to scholarship schemes. Therefore, whenever children who are
nationals have access to free preschool education or scholarships, States parties must ensure
equal access by children of migrant workers, irrespective of their migration status.
76.
The Committee notes that migrant children may suffer from multiple forms of
discrimination due to race, ethnicity, gender, and disability, for example. The principle of
equality of treatment requires States parties to eliminate any discrimination against migrant
33
20
See note 12 above, para. 43.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents