SEANF Paper on Migrant Workers
28.
In accordance with the rights guaranteed by Article 11 (2) of CEDAW, the SEANF
recommends that the regional ASEAN instrument clearly establish that
pregnancy of a migrant woman worker may not be considered a legitimate
reason for termination of work and/or deportation.
29.
The ASEAN Commitments on HIV and AIDS, adopted by the ASEAN leaders on
January 13, 2007, in Cebu, the Philippines, declares that the ASEAN Governments
will “put into place necessary legislation and regulations (including workplace
policies and programmes) to ensure that persons living with HIV and affected
groups are protected and are not subjected to stigma and discrimination, have
equal access to health, social welfare and education services…” The SEANF
supports this call and recommends that the regional ASEAN Instrument and
member states should ensure migrants are given access to proper HIV
prevention, treatment, care and support services, including voluntary and
confidential HIV counseling and testing in both countries of origin and
destination.
I.
Rights of migrant children
30.
The SEANF strongly supports CRC’s core principle of giving first priority to the
best interests of the child, and believes all interventions involving migrant
children must follow this precept.
31.
In line with Article 7 of the CRC, birth registration to children born of migrant
workers should be considered a joint obligation of sending and receiving states,
and such registration should be provided to the child regardless of the legal
status of the parents. 19 Where a receiving state’s laws do not provide for
nationality on the sole basis of birth within its land, it is nevertheless responsible
for documenting the birth of all migrant children in its national territory, and
for compiling and sharing the data on said births with the sending countries.
The SEANF recommends that all ASEAN states establish easy to access,
19 Article 7 of the CRC states: “The child shall be registered immediately after birth and shall have
the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to
know and be cared for by his or her parents. States Parties shall ensure the implementation of these
rights in accordance with their national law and their obligations under the relevant international
instruments in this field, in particular where the child would otherwise be stateless.”
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