Chen Y Y Brandon
Faculty of Law, Common Law Section, University of Ottawa, Ottawa, Ontario, Canada.
Int J Gynaecol Obstet. 2022 Apr;157(1):210-215. doi: 10.1002/ijgo.14149. Epub 2022 Mar 3.
International migration puts people's sexual and reproductive health (SRH), particularly those of women and children, at increased risk. However, many international migrants are denied access to timely and adequate SRH information, goods, and services by governments and/or service providers. This article reviews relevant international human rights treaties to argue that the barriers faced by migrants in accessing SRH care constitute violations of international law. It is well established that migrants are guaranteed access to SRH care as a part of their right to health, as well as the rights enjoyed by vulnerable populations. Increasingly, hindrance of migrants' access to SRH care is also recognized as a threat to their rights to life and equality with non-migrants. The case of Toussaint v Canada illustrates how governments may be held accountable by human rights treaty monitoring bodies when they fail to respect and fulfill migrants' right to SRH care.
国际移民使人们的性健康和生殖健康(SRH),尤其是妇女和儿童的性健康和生殖健康面临更高风险。然而,许多国际移民被政府和/或服务提供者拒绝获得及时和充分的性健康和生殖健康信息、物资及服务。本文回顾相关国际人权条约,以论证移民在获得性健康和生殖健康护理方面面临的障碍构成违反国际法行为。众所周知,移民有权获得性健康和生殖健康护理,这是他们健康权的一部分,也是弱势群体所享有的权利。越来越多的情况表明,阻碍移民获得性健康和生殖健康护理也被视为对他们生命权以及与非移民平等权利的威胁。图桑诉加拿大案表明,当政府未能尊重和履行移民获得性健康和生殖健康护理的权利时,人权条约监督机构可追究其责任。