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.” 23

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