Photo courtesy of Ryan Arnst (unsplash.com)
47. ILO Recommendation 100 Protection
of Migrant Workers (Underdeveloped
Countries) provides that: “The right of
association and freedom for all lawful trade
union activities should be granted to migrant
workers in the centres where they work
and all practicable measures should be
taken to assure to trade unions which are
representative of the workers concerned the
right to conclude collective agreements with
employers or employers’ organisations.”36
Right to health
48. New Zealand recognises the right of
everyone to the enjoyment of the highest
attainable standard of physical and mental
health under article 12.1 of ICESCR. The right
12
requires governments to provide equality
of opportunity for everyone to enjoy the
highest attainable level of health, without
discrimination.37
49. The ILO recommends that steps to be
taken for migrant workers should include
appropriate arrangements, without
discrimination, for medical care for
workers.38 These arrangements should
include medical supervision in accordance
with local possibilities by periodical visits
in the course of employment, and in case
of sickness; and first aid, free medical
treatment and hospitalization facilities in
accordance with standards to be prescribed
by the competent authority.39
36
R100 - Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 (No. 100) at para. 41.
37
UN Committee on Economic Social and Cultural Rights, General comment no. 14 (2000), The right to the highest attainable
standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights)
38
ILO Recommendation No. 100 Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 at para 45.
39
At para 46(a)-(b).
Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand