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08 Feb 2024

Migrants’ Right to Health – Legal and Policy Instruments Related to Migrants’ Access to Health Care, Social Protection and Labour in Selected East African Countries

The Eastern and Horn of Africa region remains one of the most dynamic regions of the world in terms of migration caused by an evolving complex of economic, social and security interplay. Migrants and mobile populations continue to face many obstacles in accessing essential health-care services including migration status, language barriers, lack of migrant-inclusive health-care laws and policies, inaccessibility of services, and the inability of the receiving country to afford addressing their welfare.

This report is reviewing the domestication in Burundi, Rwanda, Kenya and Uganda of international legal instruments aimed at ensuring migrants’ and refugees’ access to health-care services, labour and social protection. 

According to the report, most of the national legal instruments had insufficient coverage on the four key migration-related themes (migration, health, social protection and labour) in international and regional instruments, which also varied widely among the four countries. The national instruments lacked direct obligatory language in stipulating benefits for migrant populations on access to the health-care services, labour systems, social security systems and social assistance at the local country levels. 

Well-monitored national implementation road maps ensuring enforcement and conformity to these legal frameworks for migrants are urgently needed in these countries.

  • Foreword 
  • Acknowledgements
  • List of tables
  • List of figures 
  • Acronyms and abbreviations
  • Executive Summary
    • A. Background 
    • B. Objectives 
    • C. Methods 
    • D. Key findings and recommendations 
  • Part I Introduction
    • A. Understanding Migration health governance 
    • B. Understanding the right to health in the context of migration 
    • C. The goal and aims of this report 
    • D. Research questions 
  • Part II Methodology
  • Part III Right to health in international and regional standards and domestication in EAC countries 
    • A. International instruments on migration, right to health and social protection 
    • B. Regional instruments on migration, right to health and social protection 
    • C. Status ratification and domestication in East African countries of international and regional instruments’ 
    • D. Inclusion of reference to human rights and principle of universality in national instruments 
  • PART IV Analysis and conformity assessment
    • A. Health rights in migration laws and policies 
    • B. Health system and access to health care by migrants 
    • C. Social protection and labour rights as a facilitator to accessing health care 
  • PART V Discussion 
    • A. Health laws, regulations and policies 
    • B. Migration laws, regulations and policies 
    • C. Social protection and labour laws, regulations and policies 
  • PART VI Conclusion and recommendations