Part II NHRIs in action
NHRIs should seek to develop effective strategies that engage and empower migrant workers to share
their experiences and suggestions for addressing discrimination and human rights violations. This may,
for instance, involve the NHRI providing information about laws and policies in accessible and plain
language formats, which are then translated into the languages of migrant workers in the country.
The goal of the NHRI should be to ensure that migrant workers can genuinely participate in discussion
of the issues and have their perspectives and suggestions heard by decision-makers.
By collecting and synthesizing input from a range of stakeholders, NHRIs are well placed to develop
practical recommendations that respond to current and emerging issues of concern.
A collaborative approach is also more likely to lead to implementation of these recommendations,
especially if other stakeholders support and advocate for the proposed reforms.
While cooperation with the Government is encouraged, “NHRIs should be mindful of their official position
within state structures and communicate their recommendations confidently and with the expectation
that the executive part of government ... should implement them.”188 189
CASE STUDY
According to the National Human Rights Commission of Korea, there were
approximately 17,000 undocumented migrant children living in Korea in 2010.
However, legislative and policy restrictions mean that many undocumented
migrant children are often denied access to public and private health
care services. For example, the Ministry of Health and Welfare provides a
healthcare financial assistance programme for vulnerable groups, including
migrant workers, but requires migrant children to prove the current and
previous employment status of their parents.
Further, the Immigration Control Act requires public officials, including
health care workers in public institutions, to notify the Korean Immigration
Service when they identify undocumented migrants.
As such, the children of undocumented migrant workers are reluctant to
access health care services for fear of detection and deportation.
In 2011, the Commission recommended that the Ministry of Health and
Welfare revise its application procedure to ensure that undocumented
migrant children are confident to access health services when they need
them. It also recommended that the number of health care services
available to migrant children be extended and that they be provided through
a greater number of facilities in the country.
In addition, the Commission issued a recommendation to the Ministry of
Justice that health care staff in public facilities be exempted from the duty
of notification. The Ministry has since adopted the recommendation and has
extended this policy to school teachers and some other government officials.189
188
National Human Rights Institutions: Recommendations for Effective Protection and Promotion of Human Rights; Amnesty
International; 2001; Recommendation 3.7.
189
“Comprehensive Measures to Ensure Access to Health Services for Undocumented Migrant Children”; 7 December 2011;
National Human Rights Commission of Korea.
Chapter 6: Promoting reform of law, policy and practice | 75