3. 9. 2. 1. Status of ratification, Reservations and declarations, The core international human rights instruments, Universal Declaration of Human Rights 1948, VDPA booklet (20th anniversary edition - PDF), International Convention on the Protection of the Rights of All Migrant Workers, United Kingdom of Great Britain and Northern Ireland. For all its specialisation in its contemporary phase after World War II and the granting of a special status to human rights, international law still lacks a comprehensive architecture for the protection of migrants. 3. (a) The members of the Committee shall serve for a term of four years. 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. 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. 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. Millions of people who are earning their living, or are looking for paid employment, are not nationals of the State where they reside. 2. 3. (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. These migrant workers belonged to both the organised and unorganised sector. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. 1. 4. Migrant workers and members of their families shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of their choice. 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. 2003-04 Affairs 4. 3. 1. 3. Russian | 2. 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. 2. Contents ABSTRACT 1 ACKNOWLEDGMENTS 2 ABBREVIATIONS 3 1.INTRODUCTION 6 2. 1. Migrant workers and members of their families shall not be subject to measures of collective expulsion. 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. 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. Considering that workers who are non-documented or in an irregular situation are frequently employed under less favourable conditions of work than other workers and that certain employers find this an inducement to seek such labour in order to reap the benefits of unfair competition. The European Social Charter protects migrant workers. 2. 1. The Committee shall adopt its own rules of procedure. International Migrant Bill of Rights (IMBR). rights organization in your country. 8. 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. 2. No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Following a report in 1976 by a UN Special Rapporteur, who recommended an international convention on migrant workers, the UN General Assembly set up in 1980 a working group, open to all UN Member States, to draw up such an international convention. Expulsion from the State of employment shall not in itself prejudice any rights of a migrant worker or a member of his or her family acquired in accordance with the law of that State, including the right to receive wages and other entitlements due to him or her. 2. Article 28 provides that "…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. The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights. 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. 2. 1. Migrant workers and members of their families shall have the right to hold opinions without interference. Migrant workers are particularly vulnerable to human rights violations. 9. 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. It shall not be possible to derogate by contract from rights recognized in the present Convention. In every matter, the report shall be communicated to the States Parties concerned. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee. Statement on "The duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights" Advance Unedited Version 7. Rights of Migrants under International Law. Undocumented Migrants under the International Migrant Workers Convention.” International Migration Review 25 (4): 737-770. 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. 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. 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. 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. International Law is the system of rules, norms and standards by which the world’s nations agree to be governed. 2. The granting of that right shall not affect their status as frontier workers. 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. 5. 1. The term of two of the additional members elected on this occasion shall expire at the end of two years; the names of these members shall be chosen by lot by the Chairman of the meeting of States Parties; (c) The members of the Committee shall be eligible for re-election if renominated. 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. 2. Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment. 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. The initial election shall be held no later than six months after the date of the entry into force of the present Convention and subsequent elections every second year. 1. To date, 44 States have ratified the Convention. Migrant workers and members of their families shall not be subjected individually or collectively to arbitrary arrest or detention; they shall not be deprived of their liberty except on such grounds and in accordance with such procedures as are established by law. 2. 2. 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. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. 4. 2. While the core motivation for migration is usually the pursuit of a better life, migrants often experience profound, No migrant worker or member of his or her family shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure of the State concerned. When a migrant worker or a member of his or her family is arrested or committed to prison or custody pending trial or is detained in any other manner: (a) The consular or diplomatic authorities of his or her State of origin or of a State representing the interests of that State shall, if he or she so requests, be informed without delay of his or her arrest or detention and of the reasons therefor; (b) The person concerned shall have the right to communicate with the said authorities. 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. 2. International Migration e-learning course in preparation of IDEA Youth Forum 2011. No communication shall be received by the Committee if it concerns a State Party that has not made such a declaration. Any dispute between two or more States Parties concerning the interpretation or application of the present Convention that is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. 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. 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. 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. 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. 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 … 5. Except where a final decision is pronounced by a judicial authority, the person concerned shall have the right to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority, unless compelling reasons of national security require otherwise. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. The only advanced regime relates to the protection of refugees, while the Convention on the Protection of Rights of All Migrant Workers and Members of Their Families is the … 2. Migrant workers – rights at work Who is this fact sheet for? 5. 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. 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. It is subject to ratification. Migrant workers and members of their families who are arrested shall be informed at the time of arrest as far as possible in a language they understand of the reasons for their arrest and they shall be promptly informed in a language they understand of any charges against them. 3. 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. 4. The Committee shall consider communications received under the present article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned. Migrant workers and members of their families shall have the right to liberty of movement in the territory of the State of employment and freedom to choose their residence there. PART III: Human Rights of All Migrant Workers and Members of their Families. 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