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

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