Part II NHRIs in action Special attention needs should be given to the circumstances of their recruitment and the vulnerabilities they can face in destination countries. In some cases, migrant workers may enjoy only limited protection under anti-discrimination laws and access to the justice system may also be restricted in practice. For instance, maternity protection for women migrant workers “is often non-existent and they are frequently dismissed and repatriated when pregnant”.168 Social security and social welfare programs, including access to health care169, education and housing, are commonly not available to migrant workers and members of their families on the same basis as other residents. In addition, migrant workers returning to their countries of origin may lose their right to social security because of their absence. A refusal by accrediting bodies to recognize overseas skills and qualifications means many migrant workers can be locked into low-skill employment and unable to access more suitable and productive work opportunities. This can have a direct effect on their earning potential and the remittances they can send back to their families. Certain practices can greatly increase the vulnerability of migrant workers. For example: In some countries, employers keep the passports and travel documents of migrant workers, thus effectively depriving them of the liberty to travel at will … Both male and female migrant workers are, in certain contexts, subject to these risks, but female migrants in certain occupations, especially those engaged in domestic service, are more vulnerable to gross violations of their rights.170 NHRIs should also pay specific attention to the living and working conditions of migrants in an irregular situation who are “particularly vulnerable to exploitation because they generally cannot, or are hesitant to, avail themselves of the protection of authorities. Hence, employers are more likely to take advantage of them, paying them low wages or making them work long hours, sometimes under dangerous conditions.”171 3. ADVOCATING FOR THE ADOPTION OF INTERNATIONAL TREATIES … it is also vital that all countries move toward ratifying the Convention on the Protection of the Rights of all Migrant Workers and their Families to ensure that national and regional policies are consistent with international standards. Countries of origin, transit and destination all have significant obligations toward the protection of rights of all migrants. Seoul Statement172 An effective and durable framework for protecting the rights of migrant workers will draw on clearly articulated legal norms and principles. The Convention on Migrant Workers outlines the practical steps that States should take to prevent violations, provide adequate redress and rehabilitation where required and create a stronger human rights culture within the country. NHRIs can support the development of an effective legal framework by advocating that their Government ratify the Convention. 168 In Search of Decent Work – Migrant Worker’s Rights: A Manual for Trade Unionists; ILO; 2008; p. 79. 169 The Special Rapporteur on the human rights of migrants has highlighted the importance of States working “to reduce obstacles to health care for migrants by ensuring that access to health services is not conditioned upon one’s immigration status. Access to health services for migrants should also be ensured while in detention. In this regard, States should work to remove legal and other impediments such as the “obligation to denounce” or similar provisions in their national laws which impede the enjoyment of access to health by migrants.” See: the report of the Special Rapporteur on the Human Rights of Migrants; UN Human Rights Council; A/HRC/14/30; p. 20. 170 International Migration and Development: Report of the Secretary-General; UN General Assembly; A/60/871; p 71. 171 Ibid; p. 71. 172 Seoul Statement; International Conference on Human Rights of Migrants and Multicultural Society; Seoul, Korea; 10–12 November 2008; para. 2. Chapter 6: Promoting reform of law, policy and practice | 69