rights of migrant workers under international law

(iii) Who, upon the request of his or her employer in the State of employment, engages for a restricted and defined period of time in work whose nature is transitory or brief; and who is required to depart from the State of employment either at the expiration of his or her authorized period of stay, or earlier if he or she no longer undertakes that specific assignment or duty or engages in that work; (h) The term "self-employed worker" refers to a migrant worker who is engaged in a remunerated activity otherwise than under acontract of employment and who earns his or her living through this activity normally working alone or together with members of his or her family, and to any other migrant worker recognized as self-employed by applicable legislation of the State of employment or bilateral or multilateral agreements. Each migrant worker and member of his or her family shall have the right to the protection of the law against such interference or attacks. 86), the Recommendation concerning Migrant Workers (No.151), the Convention concerning Forced or Compulsory Labour (No. For each State ratifying or acceding to the present Convention after its entry into force, the Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of its own instrument of ratification or accession. 3. 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. 6. 2. 3. 3. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties. 2. Linguee. 2. In case of expulsion, the person concerned shall have a reasonable opportunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities. In considering whether to expel a migrant worker or a member of his or her family, account should be taken of humanitarian considerations and of the length of time that the person concerned has already resided in the State of employment. 2. 1. 2. (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. States Parties, including States of transit, shall collaborate with a view to preventing and eliminating illegal or clandestine movements and employment of migrant workers in an irregular situation. 1. Any State Party that has made a declaration in accordance with paragraph 2 of the present article may at any time withdraw that declaration by notification to the Secretary-General of the United Nations. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. French | 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. No authorized confiscation of such documents shall take place without delivery of a detailed receipt. 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. In chapter X of the Programme of Action, adopted at the International Conference on Population and Development, the Conference called for a comprehensive international approach to dealing with international migration. 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. Migrant workers who in the State of employment are not permitted freely to choose their remunerated activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permit, except where the authorization of residence is expressly dependent upon the specific remunerated activity for which they were admitted. 3. 3. 2. States Parties shall make their reports widely available to the public in their own countries. 6. Specified-employment workers as defined in article 2, paragraph 2 (g), of the present Convention, shall be entitled to the rights provided for in part IV, except the provisions of article 43, paragraphs I (b) and (c), article 43, paragraph I (d), as it pertains to social housing schemes, article 52, and article 54, paragraph 1 (d). Migrant workers and members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals of the State concerned. 2. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. 1. 1. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. 2. 7. Migrant workers shall enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration and: (a) Other conditions of work, that is to say, overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of the employment relationship and any other conditions of work which, according to national law and practice, are covered by these terms; (b) Other terms of employment, that is to say, minimum age of employment, restriction on work and any other matters which, according to national law and practice, are considered a term of employment. 4. Without prejudice to the provisions of article 47 of the present Convention and to relevant bilateral or multilateral agreements, States Parties concerned shall permit payment of the earnings of project-tied workers in their State of origin or habitual residence. 1. 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. 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. Rights of Migrant Workers Millions of people who are earning their living, or are looking for paid employment, are not nationals of the State where they reside. For the purpose of the present article the term "forced or compulsory labour" shall not include: (a) Any work or service not referred to in paragraph 3 of the present article normally required of a person who is under detention in consequence of a lawful order of a court or of a person during conditional release from such detention; (b) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (c) Any work or service that forms part of normal civil obligations so far as it is imposed also on citizens of the State concerned. Taking into account also the principles and standards set forth in the relevant instruments elaborated within the framework of the International Labour Organisation, especially the Convention concerning Migration for Employment (No. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. Migrant workers – rights at work Who is this fact sheet for? Statement on "The duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights" Advance Unedited Version According to international human rights norms, which are based upon the inherent dignity of every person, migrants enjoy the The Committee shall not consider any communication from an individual under the present article unless it has ascertained that: (a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement; (b) The individual has exhausted all available domestic remedies; this shall not be the rule where, in the view of the Committee, the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to that individual. Migrant workers and members of their families who have been victims of unlawful arrest or detention shall have an enforceable right to compensation. Each State Party may at the time of signature or ratification of the present Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of the present article. States of employment shall make every effort to authorize migrant workers and members of the families to be temporarily absent without effect upon their authorization to stay or to work, as the case may be. Spanish. 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. 2. States of employment shall facilitate, in accordance with their national legislation, the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of local communities. 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. The Convention constitutes the broadest framework in international law for the protection of the rights of migrant workers and members of their families and provides guidance to States on how to respect the rights of migrants while developing and implementing labour migration policies.” Migrant rights have been eroded in many states Almost all workers have rights at work. 3. 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. Migrant workers and members of their families shall have the right to hold opinions without interference. 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 The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of … 6. Recognizing the importance of the work done in connection with migrant workers and members of their families in various organs of the United Nations, in particular in the Commission on Human Rights and the Commission for Social Development, and in the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization and the World Health Organization, as well as in other international organizations. 8. 4. It shall not be permissible to exert any form of pressure upon migrant workers and members of their families with a view to their relinquishing or foregoing any of the said rights. 1. 2. In the case of death of a migrant worker or dissolution of marriage, the State of employment shall favourably consider granting family members of that migrant worker residing in that State on the basis of family reunion an authorization to stay; the State of employment shall take into account the length of time they have already resided in that State. The person concerned may be required to pay his or her own travel costs. The meetings of the Committee shall normally be held at United Nations Headquarters. The Secretary-General of the United Nations shall, in due time before the opening of each regular session of the Committee, transmit to the Director-General of the International Labour Office copies of the reports submitted by States Parties concerned and information relevant to the consideration of these reports, in order to enable the Office to assist the Committee with the expertise the Office may provide regarding those matters dealt with by the present Convention that fall within the sphere of competence of the International Labour Organisation. 2. 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. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. After five years from the entry into force of the Convention a request for the revision of the Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. Any such limitation shall cease to apply to a migrant worker who has resided lawfully in its territory for the purpose of remunerated activity for a period of time prescribed in its national legislation that should not exceed five years. PART V: Provisions Applicable to Particular Categories of Migrant Workers and Members of their Families. Arabic | 2. It shall not be possible to derogate by contract from rights recognized in the present Convention. 2. When they attend such proceedings, they shall have the assistance, if necessary without cost to them, of an interpreter, if they cannot understand or speak the language used. States of employment shall endeavour to facilitate for the children of migrant workers the teaching of their mother tongue and culture and, in this regard, States of origin shall collaborate whenever appropriate. 1. 2. 4. The Committee may invite the specialized agencies and organs of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities. Specific instruments of the International Labour Organization (ILO) protect migrant workers … The World Conference on Human Rights invited States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families as soon as possible. war, genocide or crimes against humanity) are protected under international criminal law and international humanitarian law. 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. The protection of the rights of migrant persons is one of FIDH’s priorities. 105), Reaffirming the importance of the principles contained in the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization. 6. 2. Without prejudice to article 79 of the present Convention, the States Parties concerned shall as appropriate consult and co-operate with a view to promoting sound, equitable and humane conditions in connection with international migration of workers and members of their families. Each State Party to the present Convention undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any persons seeking such a remedy shall have his or her claim reviewed and decided by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. 4. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties in accordance with their respective constitutional processes. 1. 3. 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. 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. 2. Sitemap | About us | Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment. 1. 1. Nothing in the present part of the Convention shall have the effect of relieving migrant workers and the members of their families from either the obligation to comply with the laws and regulations of any State of transit and the State of employment or the obligation to respect the cultural identity of the inhabitants of such States. Through a series of treaties and conventions, states have created a framework that governs human rights, diplomacy, war, trade, and advances the goal of global peace and security. Skip navigation links Sitemap | About us | FAQs. 2. States Parties shall take measures that they deem appropriate and that fall within their competence to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that, according to applicable law, produces effects equivalent to marriage, as well as with their minor dependent unmarried children. 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. 3. 8. For migrant workers whose permission to work is limited in time, a State of employment may also: (a) Make the right freely to choose their remunerated activities subject to the condition that the migrant worker has resided lawfully in its territory for the purpose of remunerated activity for a period of time prescribed in its national legislation that should not exceed two years; (b) Limit access by a migrant worker to remunerated activities in pursuance of a policy of granting priority to its nationals or to persons who are assimilated to them for these purposes by virtue of legislation or bilateral or multilateral agreements. 8. The Committee may also communicate only to the States Parties concerned any views that it may consider relevant to the issue between them. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. The granting of that right shall not affect their status as frontier workers. Such transfers shall be made in conformity with procedures established by applicable legislation of the State concerned and in conformity with applicable international agreements. Migrant workers and members of their families shall not be subject to coercion that would impair their freedom to have or to adopt a religion or belief of their choice. Living in the Shadows: A Primer on the Human Rights of Migrants. Migrant rights are the rights of migrants that are implicitly or explicitly expressed in international human rights (see List 1 below) and public law instruments (see List 2 below). Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of the receipt of the notification by the Secretary-General of the United Nations. This fact sheet gives information about your rights at work. 9. International Law is the system of rules, norms and standards by which the world’s nations agree to be governed. 1. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Director-General of the International Labour Office and other relevant organizations. Seasonal workers, as defined in article 2, paragraph 2 (b), 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 and that are compatible with their status in that State as seasonal workers, taking into account the fact that they are present in that State for only part of the year. 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. Perspective on Disability, Rights 7. 2. 1. Migrant workers shall have the right to transfer their earnings and savings, in particular those funds necessary for the support of their families, from the State of employment to their State of origin or any other State. Migrant workers and members of their families shall have the right to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin or of a State representing the interests of that State whenever the rights recognized in the present Convention are impaired. Migrant workers often work in hotels or restaurants, food processing, fruit picking and shellfish gathering. States of employment shall not prevent an employer of migrant workers from establishing housing or social or cultural facilities for them. States Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Committee a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention: (a) Within one year after the entry into force of the Convention for the State Party concerned; (b) Thereafter every five years and whenever the Committee so requests. At the end of the presentation, participants should have a clearer understanding of: The role of state sovereignty . To date, 44 States have ratified the Convention. No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether owned individually or in association with others. States of employment shall prescribe the conditions under which a migrant worker who has been admitted to take up employment may be authorized to engage in work on his or her own account. Self-employed workers, as defined in article 2, paragraph 2 (h), of the pre sent Convention , shall be entitled to the rights provided for in part IV with the exception of those rights which are exclusively applicable to workers having a contract of employment. Migrant workers often have no protection or safety and are vulnerable to discrimination, poverty, and social and cultural handicaps. Recalling the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Declaration of the Fourth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the Code of Conduct for Law Enforcement Officials, and the Slavery Conventions. If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, he or she shall benefit thereby. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputation of others; (b) For the protection of the national security of the States concerned or of public order (ordre public) or of public health or morals; (c) For the purpose of preventing any propaganda for war; (d) For the purpose of preventing any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. 3. 3. Pending such review, the person concerned shall have the right to seek a stay of the decision of expulsion. Rights of Migrants under International Law. No migrant worker or member of his or her family shall be imprisoned merely on the ground of failure to fulfil a contractual obligation. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. 5. National and local laws and policies should be evolved to guarantee that human rights, including labour rights, are enjoyed equally by men and women migrant workers and … The measures to be taken to this end within the jurisdiction of each State concerned shall include: (a) Appropriate measures against the dissemination of misleading information relating to emigration and immigration; (b) Measures to detect and eradicate illegal or clandestine movements of migrant workers and members of their families and to impose effective sanctions on persons, groups or entities which organize, operate or assist in organizing or operating such movements; (c) Measures to impose effective sanctions on persons, groups or entities which use violence, threats or intimidation against migrant workers or members of their families in an irregular situation. A State Party to the present Convention may at any time declare under the present article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that their individual rights as established by the present Convention have been violated by that State Party. 1. rights organization in your country. The rights of migrant workers and members of their families provided for in the present Convention may not be renounced. 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. 1. The provisions of the present article shall come into force when ten States Parties to the present Convention have made declarations under paragraph 1 of the present article. States concerned shall take appropriate measures to facilitate such transfers. 6. 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. No restrictions may be placed on the exercise of these rights other than those that are prescribed by law and which are necessary in a democratic society in the interests of national security, public order (ordre public) or the protection of the rights and freedoms of others. Majority of the migrant workers are daily wagers who worked at construction sites, rickshaw pullers, domestic workers, etc. Is … migrant workers – rights at work who is this fact sheet for care not! Legislation, facilitate the exercise of these rights before or at the end of the present Convention:.! Their status as frontier workers on which it is received of States Parties concerned shall take appropriate to! Committee in accordance with their legislation, facilitate the exercise of the Committee shall serve for term! 2 ABBREVIATIONS 3 1.INTRODUCTION 6 2 this includes migrant workers belonged to both the organised and sector. International human rights norms, which are based upon the inherent dignity of every person migrants. Made in conformity with procedures established by applicable legislation of the present Convention to all States by a majority the. Of unlawful arrest or detention shall have the right provided for in the Beijing Platform for Action, at... Or crimes against humanity ) are protected under international criminal law and international humanitarian law respect to State! 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