Receiving countries should adopt unilateral measures for enhancing migrant

5. Receiving countries should adopt unilateral measures for enhancing migrant

workers’ access to social protection. In the absence of a bilateral SSA entered into by the Parties, unilateral measures from countries of employment are of particular

importance. However, even there where bilateral SSA exist, unilateral measures may complement and fill important protection gaps. Unilateral measures can include equality of treatment with the nationals of the receiving country enshrined in national social security legislation (or Constitution), as well as inclusion of provisions allowing for the payment of benefits abroad. Similarly, both labour and social security laws should apply regardless of the worker ’s nationality. As such, their personal scope of application should be as broad as possible, so as to include traditionally excluded categories of workers. It is, for instance the case of the Spanish social security system for which agricultural workers, as well as domestic workers are included into the general scheme; in addition special schemes cover self-employed persons, coalminers

and seafarers. 72 Extending social security coverage to vulnerable categories of workers, nationals and non-nationals alike, also help to address informality, and promote the transition of workers from the informal to the formal economy in line with Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204).

Countries of origin can also play a significant role in ensuring minimum social protection coverage for their workers abroad, in particular, where very limited coverage is granted under the legislation of destination country. Unilateral measures of the countries of origin can include, for instance, the possibility of insurance coverage on a voluntary basis under national social security legislation or the registration to an Overseas Workers Welfare Fund. Philippines provide a good example of such unilateral measures, with the implementation of OWWA and Philhealth for medical coverage. As

71 However, given that the French social security system is already based upon the principle of equality of treatment with French nationals, the inclusion of such clause in the labour agreement does

not affect Mauritian workers’ access to social security benefits in France. 72 Gobierno de España, Ministerio de Empleo y Seguridad Social, http://www.seg-social.es/Internet_1/

Trabajadores/Afiliacion/RegimenesQuieneslos10548/indeyes.htm [15 September 2016].

Migrant access to social protection: A review of 120 countries and nine Bilateral Labour Arrangements Migrant access to social protection: A review of 120 countries and nine Bilateral Labour Arrangements

Furthermore, countries, of origin, transit and destination should consider, as a unilateral measure, the establishment of a national social protection floors for nationals and migrants, in line with the Social Protection Floors Recommendation, 2012 (No. 202). Recommendation No. 202 calls upon member States to establish and maintain national social protection floors comprising basic social security guarantees to ensure at a minimum that, over the life cycle, all in need have access to essential health care and to basic income security. As per article 6 of the, such guarantees should be provided to at least all residents and children, as defined in national laws and regulations and subject to a country’s existing international obligations. As such, migrants should have access to these basic social security guarantees in the State where they reside, their transit countries as well as in their home country before, they leave and when they return. Furthermore, a migrant’s dependent family members of migrants who remained in the country of origin should also have access to these basic social security guarantees. Where there are legal provisions or bilateral or multilateral agreements in place providing for higher levels of protection, or where the countries concerned are parties to international or regional Conventions containing higher requirements with regards to migrants’ social security rights (e.g. ILO Convention No. 118 and No. 157) these should prevail. In giving effect to the Recommendation, member States are encouraged to apply, among others the principles of universality of protection, based on social solidarity; social inclusion, including of persons in the informal economy; non- discrimination, gender equality and responsiveness to special needs.

Additionally, NGOs, other groups, family members can also contribute to migrant workers’ social protection, especially where coverage is fragmented.