rights of migrant workers under international law

3. If a migrant worker or a member of his or her family is detained for the purpose of verifying any infraction of provisions related to migration, he or she shall not bear any costs arising therefrom. 2. Communications received under this article shall be dealt with in accordance with the following procedure: (a) If a State Party to the present Convention considers that another State Party is not fulfilling its obligations under the present Convention, it may, by written communication, bring the matter to the attention of that State Party. If a project-tied worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State which has jurisdiction over that employer, on terms provided for in article 18, paragraph 1, of the present Convention. 1. Migrant workers and members of their families shall have the right to form associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interests. The granting of that right shall not affect their status as frontier workers. The provisions of article 76 of the present Convention shall be applied without prejudice to any procedures for settling disputes or complaints in the field covered by the present Convention laid down in the constituent instruments of, or in conventions adopted by, the United Nations and the specialized agencies and shall not prevent the States Parties from having recourse to any procedures for settling a dispute in accordance with international agreements in force between them. (a) Persons sent or employed by international organizations and agencies or persons sent or employed by a State outside its territory to perform official functions, whose admission and status are regulated by general international law or by specific international agreements or conventions; (b) Persons sent or employed by a State or on its behalf outside its territory who participate in development programmes and other co-operation programmes, whose admission and status are regulated by agreement with the State of employment and who, in accordance with that agreement, are not considered migrant workers; (c) Persons taking up residence in a State different from their State of origin as investors; (d) Refugees and stateless persons, unless such application is provided for in the relevant national legislation of, or international instruments in force for, the State Party concerned; (f) Seafarers and workers on an offshore installation who have not been admitted to take up residence and engage in a remunerated activity in the State of employment. 2. Furthermore, a review of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families in the context of working children, and of other Human Rights and International Criminal Law instruments are included. Their functions shall include, inter alia : (a) The formulation and implementation of policies regarding such migration; (b) An exchange of information. 3. 3. The Committee shall decide any further guidelines applicable to the content of the reports. No authorized confiscation of such documents shall take place without delivery of a detailed receipt. Members of a migrant worker's family who have themselves an authorization of residence or admission that is without limit of time or is automatically renewable shall be permitted freely to choose their remunerated activity under the same conditions as are applicable to the said migrant worker in accordance with article 52 of the present Convention. 4. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. Migrant workers and members of their families who are deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of their detention and order their release if the detention is not lawful. In this respect, due regard shall be paid not only to labour needs and resources, but also to the social, economic, cultural and other needs of migrant workers and members of their families involved, as well as to the consequences of such migration for the communities concerned. In order to allow migrant workers referred to in paragraph 2 of the present article sufficient time to find alternative remunerated activities, the authorization of residence shall not be withdrawn at least for a period corresponding to that during which they may be entitled to unemployment benefits. 4. 3. 1. Where the applicable legislation does not allow migrant workers and members of their families a benefit, the States concerned shall examine the possibility of reimbursing interested persons the amount of contributions made by them with respect to that benefit on the basis of the treatment granted to nationals who are in similar circumstances. Whenever a migrant worker is deprived of his or her liberty, the competent authorities of the State concerned shall pay attention to the problems that may be posed for members of his or her family, in particular for spouses and minor children. In every matter, the report shall be communicated to the States Parties concerned. Disabled migrant workers are doubly disadvantaged. 1. The exercise of the right provided for in paragraph 2 of the present article carries with it special duties and responsibilities. Migrant workers and members of their families shall have the right to liberty and security of person. The International Labour Office shall be invited by the Committee to appoint representatives to participate, in a consultative capacity, in the meetings of the Committee. If a migrant worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State of employment, on terms provided for in article 18, paragraph 1, of the present Convention. consultation and co-operation with the competent authorities of other States Parties involved in such migration; (c) The provision of appropriate information, particularly to employers, workers and their organizations on policies, laws and regulations relating to migration and employment, on agreements concluded with other States concerning migration and on other relevant matters; (d) The provision of information and appropriate assistance to migrant workers and members of their families regarding requisite authorizations and formalities and arrangements for departure, travel, arrival, stay, remunerated activities, exit and return, as well as on conditions of work and life in the State of employment and on customs, currency, tax and other relevant laws and regulations. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. 3. 2. The present Convention shall be open for signature by all States. It shall not be possible to derogate by contract from rights recognized in the present Convention. Children with Disabilities, International Norms Concerning Women with Disabilities, Regional Instruments pertaining to Women with Disabilities, Regional Instruments Applicable to Refugees, United Nations instruments and measures for the eradication of poverty, United Nations Provisions on the Migrant Worker, Regional Instruments Pertaining to the Rights of the In particular, in case of expulsion, the person concerned shall be informed of this right without delay and the authorities of the expelling State shall facilitate the exercise of such right. 2. Migrant workers and members of their families shall have the right to hold opinions without interference. Any amendment adopted by a majority of the States Parties present and voting shall be submitted to the General Assembly for approval. Access to public pre-school educational institutions or schools shall not be refused or limited by reason of the irregular situation with respect to stay or employment of either parent or by reason of the irregularity of the child's stay in the State of employment. Upon their request where not otherwise mandatory, the decision shall be communicated to them in writing and, save in exceptional circumstances on account of national security, the reasons for the decision likewise stated. The State Party may also inform the Committee of the matter. 2. Nothing in the present Convention shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Convention. 2. Account shall be taken of the period during which the worker has already been lawfully in the State of employment. 2. Each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned. 86), the Recommendation concerning Migrant Workers (No.151), the Convention concerning Forced or Compulsory Labour (No. In order to implement these guarantees, States Parties undertake to provide a number of services. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State. In the Beijing Platform for Action, adopted at the Fourth World Conference on Women (Chapter IV. international legal framework, the position of aliens under human rights law is addressed through a review of three human rights conventions adopted within the framework of the United Nations. 2. Upon the termination of their stay in the State of employment, migrant workers and members of their families shall have the right to transfer their earnings and savings and, in accordance with the applicable legislation of the States concerned, their personal effects and belongings. 3. Whenever States Parties concerned consider the possibility of regularizing the situation of such persons in accordance with applicable national legislation and bilateral or multilateral agreements, appropriate account shall be taken of the circumstances of their entry, the duration of their stay in the States of employment and other relevant considerations, in particular those relating to their family situation. Aware of the impact of the flows of migrant workers on States and people concerned, and desiring to establish norms which may contribute to the harmonization of the attitudes of States through the acceptance of basic principles concerning the treatment of migrant workers and members of their families. The rights mentioned in paragraph 1 of the present article shall not be subject to any restrictions except those that are provided by law, are necessary to protect national security, public order (ordre public), public health or morals, or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention. Migrant workers often have no protection or safety and are vulnerable to discrimination, poverty, and social and cultural handicaps. 2. Such notification shall take effect on the date on which it is received. The State of employment shall, subject to paragraph 1 of the present article, consider granting seasonal workers who have been employed in its territory for a significant period of time the possibility of taking up other remunerated activities and giving them priority over other workers who seek admission to that State, subject to applicable bilateral and multilateral agreements. 2. The United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families defines a migrant worker as “a person who is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.” 11 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Dec. 18 1990, 2220 … The final part contains a comprehensive case study of the multifarious standards adopted under the auspices of the Council of Europe and the European Union to protect this increasingly vulnerable group of … Statement on "The duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights" Advance Unedited Version States of employment shall take all adequate and effective measures to eliminate employment in their territory of migrant workers in an irregular situation, including, whenever appropriate, sanctions on employers of such workers. 8. Although under international human rights law undocumented migrants have the same rights as others, not only are some of those rights subject to … 1. 2. 1. 4. A key objective of the Unit is to encourage dissemination and understanding both within IOM and amongst IOM counterparts of the international legal standards that govern migration and provide protection of the rights of Conventions that apply speCifiCally to migrant workers Historically, the ILO has led the way in defining and enforcing workers’ rights. 3. States Parties concerned shall co-operate as appropriate in the adoption of measures regarding the orderly return of migrant workers and members of their families to the State of origin when they decide to return or their authorization of residence or employment expires or when they are in the State of employment in an irregular situation. 15 June 2011. 2. If a decision of expulsion that has already been executed is subsequently annulled, the person concerned shall have the right to seek compensation according to law and the earlier decision shall not be used to prevent him or her from re-entering the State concerned. No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated. States Parties shall take appropriate measures to ensure that these principles are respected. In case of expulsion of a migrant worker or a member of his or her family the costs of expulsion shall not be borne by him or her. States Parties shall consider the establishment of procedures or institutions through which account may be taken, both in States of origin and in States of employment, of special needs, aspirations and obligations of migrant workers and members of their families and shall envisage, as appropriate, the possibility for migrant workers and members of their families to have their freely chosen representatives in those institutions. The Committee shall consider inadmissible any communication under the present article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the present Convention. Through its network of members and partners in countries of departure, transit and arrival, FIDH documents violations of the human rights of migrant persons throughout their journeys and calls on national authorities to adopt legal and political reforms. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. Any verification by law enforcement officials of the identity of migrant workers or members of their families shall be carried out in accordance with procedure established by law. This right shall include freedom to have or to adopt a religion or belief of their choice and freedom either individually or in community with others and in public or private to manifest their religion or belief in worship, observance, practice and teaching. 1. Migrant workers and members of their families shall have the right to participate in public affairs of their State of origin and to vote and to be elected at elections of that State, in accordance with its legislation. 978-92-2-133208-4 (Web PDF) 978-92-2-133924-3 (print) International Labour Office; Labour Migration Branch 1. 1. Article 1 (1) states that "the present Convention is applicable, except as otherwise provided hereafter, to all migrant workers and members of their families without distinction of any kind such as sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status" (emphasis added). 1. The particular categories of migrant workers and members of their families specified in the present part of the Convention who are documented or in a regular situation shall enjoy the rights set forth in part m and, except as modified below, the rights set forth in part IV. Migrant workers and members of their families who have been victims of unlawful arrest or detention shall have an enforceable right to compensation. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. 1. Each State Party may nominate one person from among its own nationals; (b) Members shall be elected and shall serve in their personal capacity. The provisions of the present article shall come into force when ten States Parties to the present Convention have made a declaration under paragraph 1 of the present article. D), the Conference called on States to recognise the vulnerability to violence and other forms of abuse of women migrants, including women migrant workers, whose legal status in the host State depends on employers who may exploit their situation. 2. 2. News | FAQs | Contact us, © United Nations, Frontier workers, as defined in article 2, paragraph 2 (a), of the present Convention, shall be entitled to the rights provided for in part IV that can be applied to them by reason of their presence and work in the territory of the State of employment, taking into account that they do not have their habitual residence in that State. 3. Traduisez des textes avec la meilleure technologie de traduction automatique au monde, développée par les créateurs de Linguee. Migrant workers and members of their families convicted of a crime shall have the right to their conviction and sentence being reviewed by a higher tribunal according to law. In doing so, States of employment shall take into account the special needs and obligations of migrant workers and members of their families, in particular in their States of origin. 7. Affairs rights organization in your country. The Committee shall normally meet annually. Traducteur. about the rights of migrant workers. 3. States of employment, on humanitarian grounds, shall favourably consider granting equal treatment, as set forth in paragraph 2 of the present article, to other family members of migrant workers. Without prejudice to the terms of their authorization of residence or their permission to work and the rights provided for in articles 25 and 27 of the present Convention, migrant workers shall enjoy equality of treatment with nationals of the State of employment in respect of: (c) Access to public work schemes intended to combat unemployment; (d) Access to alternative employment in the event of loss of work or termination of other remunerated activity, subject to article 52 of the present Convention. Living in the Shadows: A Primer on the Human Rights of Migrants. The written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. Recalling that one of the objectives of the International Labour Organisation, as stated in its Constitution, is the protection of the interests of workers when employed in countries other than their own, and bearing in mind the expertise and experience of that organization in matters related to migrant workers and members of their families. Considering the situation of vulnerability in which migrant workers and members of their families frequently-find themselves owing, among other things, to their absence from their State of origin and to the difficulties they may encounter arising from their presence in the State of employment. This includes migrant workers who have come from abroad to work in the UK. 105), Reaffirming the importance of the principles contained in the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization. 2. 3. 3. States Parties shall take all measures they deem appropriate to disseminate the said information or to ensure that it is provided by employers, trade unions or other appropriate bodies or institutions. 143) - [ratifications] Provides for measures to combat clandestine and illegal migration while at the same time setting forth the general obligation to respect the basic human rights of all migrant workers. Migrant workers and members of their families shall have the right to equality with nationals of the State concerned before the courts and tribunals. 3. (a) The members of the Committee shall serve for a term of four years. Subject to any authorization, approval and supervision by the public authorities of the States Parties concerned as may be established pursuant to the legislation and practice of those States, agencies, prospective employers or persons acting on their behalf may also be permitted to undertake the said operations. 8. Lebanon is obliged under international human rights law to ensure that domestic workers and migrant workers have protections equal to those for other workers under the law. 3. 5. When a migrant worker or a member of his or her family has, by a final decision, been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to that person. Recherchez des traductions de mots et de phrases dans des dictionnaires bilingues, fiables et exhaustifs et parcourez des milliards de t In the determination of any criminal charge against them or of their rights and obligations in a suit of law, they shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. Subject to the provisions of paragraph 2 of the present article, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to the present Convention that has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention. 2. 1. Migrant workers and members of their families may be expelled from the territory of a State Party only in pursuance of a decision taken by the competent authority in accordance with law. 2. 2. The protection of the rights of migrant persons is one of FIDH’s priorities. Then Impact of Globalisation on Migrant Workers’ Rights under International Law 1. Any communication by the person concerned to the said authorities shall be forwarded without delay, and he or she shall also have the right to receive communications sent by the said authorities without delay; (c) The person concerned shall be informed without delay of this right and of rights deriving from relevant treaties, if any, applicable between the States concerned, to correspond and to meet with representatives of the said authorities and to make arrangements with them for his or her legal representation. What followed was the exodus of migrant workers across States. Migrant workers and members of their families shall be free to leave any State, including their State of origin. 9. The International Migration Law Unit was established within IOM to strengthen and promote the Organization’s involvement in International Migration Law (IML). States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as to sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status. Humanitarian considerations related to the status of a migrant worker, in particular with respect to his or her right of residence or work, should be taken into account in imposing a sentence for a criminal offence committed by a migrant worker or a member of his or her family. Each case of expulsion shall be examined and decided individually. At the World Summit for Social Development States committed themselves, at the international level, to ensure that migrant workers benefit from the protection provided by relevant national and international instruments, to take concrete and effective measures against the exploitation of migrant workers and to encourage all States to consider ratifying and fully implementing international instruments relating to migrant workers. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to other specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence. The Committee may request supplementary information from States Parties when considering these reports. Members of the families of specified-employment workers shall be entitled to the rights relating to family members of migrant workers provided for in part IV of the present Convention, except the provisions of article 53. Before their departure, or at the latest at the time of their admission to the State of employment, migrant workers and members of their families shall have the right to be fully informed by the State of origin or the State of employment, as appropriate, of all conditions applicable to their admission and particularly those concerning their stay and the remunerated activities in which they may engage as well as of the requirements they must satisfy in the State of employment and the authority to which they must address themselves for any modification of those conditions. As regards compensation matters relating to the death of a migrant worker or a member of his or her family, States Parties shall, as appropriate, provide assistance to the persons concerned with a view to the prompt settlement of such matters. Without prejudice to articles 52 and 79 of the present Convention, the termination of the economic activity of the self-employed workers shall not in itself imply the withdrawal of the authorization for them or for the members of their families to stay or to engage in a remunerated activity in the State of employment except where the authorization of residence is expressly dependent upon the specific remunerated activity for which they were admitted. The other States Parties shall not be bound by that paragraph with respect to any State Party that has made such a declaration. Nothing in the present Convention shall affect more favourable rights or freedoms granted to migrant workers and members of their families by virtue of: (a) The law or practice of a State Party; or. Migrant workers and members of their families shall have the right to be fully informed of the terms on which such temporary absences are authorized. 1. 2. States of employment shall pursue a policy, where appropriate in collaboration with the States of origin, aimed at facilitating the integration of children of migrant workers in the local school system, particularly in respect of teaching them the local language. The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties; (b) The election of the four additional members of the Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of the present article, following the entry into force of the Convention for the forty-first State Party. 2. The Convention does not directly refer to the disabled people, but some articles are worth mentioning. 1 Art. This has resulted in the adoption of some important international and regional standards concerning migrant workers. 2. 1. Some recent UN World Conferences have dealt with the rights of migrant workers: OHCHR Report to the Human Rights Council on the compendium of principles, good practices and policies on safe, orderly and regular migration in line with international human rights law. 7. 2. Where, under the legislation in force in the State of employment, the assets of a migrant worker or a member of his or her family are expropriated in whole or in part, the person concerned shall have the right to fair and adequate compensation. The term "migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.”1 2. The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of … From United Nations shall transmit certified copies of the United Nations is designated the... 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