Gender, protection and services

Migrants represent a significant portion of those who live without access to social security, without access to social protection, access to justice and complaint mechanisms or health insurance. This is in part due to their inability to access the same rights as nationals or as residents, especially if they have an irregular status or are employed in an informal sector (Hennebry, Williams and Walton-Roberts, 2016). In situations where migrants are afforded such rights, they often do not know how to access or realize them. This can disproportionately affect female migrants as they are less likely to have access to information and may be more isolated than male migrants.

When a woman’s migration status is linked to that of her husband, this can also limit her independent access to justice. There are many scenarios where migrants in precarious situations are prevented from accessing justice in ways that are gendered. This can be a physical restriction, where the migrants are unable to access any individuals outside of their exploitative or abusive environment (a common situation for domestic workers living and working in a private home). This may also be the case where authorities play a role in perpetuating the exploitation or abuse, which is the case where LGBTI individuals experience discrimination or abuse in countries that do not readily accept same-sex conduct. Low levels of gender-responsive capacity within embassies, consulates and other focuses of support and information can also mean that the responses to complaints from different gender groups are quite different.

Migrants face multiple barriers to accessing health care, many of which feature gendered factors. When health-care professionals discriminate against migrants, such discrimination can have a gendered element. Discrimination against female migrants may manifest as restricted access to contraception and pregnancy termination, or against sex workers seeking health care to prevent the spread of sexually transmitted infections (Hennebry, Grass and Mclaughlin, 2016). LGBTI migrants can also face further discrimination resulting in an inability to access health services. All these factors combined can have severe implications: migrants can be denied access to essential prevention health services, continued care for pregnancy, childbirth emergencies, needs associated with gender-based violence (GBV), mental health, the transitioning phase of persons identifying as transgender and other medical conditions, including HIV/AIDS.

Access to health-care systems can be restricted on the basis of migratory and employment status. Migrants with an irregular status may not be permitted access to health-care systems. Equally, those working in the informal sector commonly do not have access to the systems available for other types of workers. These barriers disproportionately impact female migrants who have more specific needs in relation to sexual and reproductive health (SRH). In the absence of access to health care, female migrants ultimately need to address issues themselves, whether through unregulated clinics or shared information (Hennebry, Grass and Mclaughlin, 2016). Male migrant workers are also likely to experience work-related injuries due to the gendered nature of their job in heavy manufacturing, underground and/or at heights.

Gendered experiences of migration also influence the return of male and female migrants to their countries of origin. For example, the return of migrants in the informal sector may be necessary due to enforced return, fear of arrest or unprotected and exploitative conditions. This situation can disproportionately affect female migrants if factors restrict their access to regular migration into formal sectors. In situations of displacement, return can be dictated again by gendered notions of safety and security, and the extent to which the return is to rebuild or resettle.

Return and reintegration of migrants can create gendered disruption and upheaval in origin communities, especially when gendered norms have changed as a result of the migration. This could mean men assuming increased care responsibilities, or women assuming more control of economic resources (Hennebry, Grass and Mclaughlin, 2016). They may face physical and/or psychological issues as well as further stigma (Brunovskis and Surtees, 2012).

Reintegration for these individuals requires a differentiated set of services and unique support that is often absent (see Return and reintegration of migrants). Services that respond to the gendered elements of migration can increase sustainable reintegration. It is also important to develop outreach strategies, and to reassure returning migrants that it is acceptable to seek support for negative or exploitative migration experiences. Men and boys especially tend to be reluctant to report such incidents due to the perceived threat of stigma, failure or weakness (Maulik and Petrozzielo, 2017).

• Female migrants tend to have health service and social protection needs that are gender specific (such as sexual reproductive health issues) and a higher care burden. However, they are more likely to be excluded from insurance and social protection, either because they are not working, or working in sectors that do not offer formal benefits.
• Type of movement, language, discrimination and perceptions can all create barriers to services based on gender.
• Migrants face many structurally gendered issues when seeking access to services upon their return to their origin countries. These include needing to cope with gendered traumas that have occurred in migration, and wanting recognition for skills developed while abroad, particularly in feminized sectors of work.