International Migrants' Right to Sexual and Reproductive Health Care

International Journal of Gynecology and Obstetrics 2022;157: 210–215.

12 Pages Posted: 22 Apr 2022

See all articles by Y.Y. Brandon Chen

Y.Y. Brandon Chen

University of Ottawa, Faculty of Law, Common Law Section

Date Written: 2022

Abstract

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.

Keywords: health care access, international migrants, migrant women, non-discrimination, right to life, sexual and reproductive health and right

JEL Classification: K10, J18, J13, I10, I18

Suggested Citation

Chen, Yin-Yuan, International Migrants' Right to Sexual and Reproductive Health Care (2022). International Journal of Gynecology and Obstetrics 2022;157: 210–215., Available at SSRN: https://ssrn.com/abstract=4087765

Yin-Yuan Chen (Contact Author)

University of Ottawa, Faculty of Law, Common Law Section ( email )

57 Louis Pasteur Pvt.
Ottawa, K1N 6N5
Canada

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