Migrant Worker, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Vienna Declaration and Programme of Action, Department of Economic and Social A declaration may be withdrawn at any time by notification to the Secretary-General. Then Impact of Globalisation on Migrant Workers’ Rights under International Law 1. The contract is … 1. 4. They were dependent on a daily source of income for their day to day survival. Traducteur. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide. (b) Any bilateral or multilateral treaty in force for the State Party concerned. Chinese | 15 June 2011. 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. 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. Account shall be taken of the period during which the worker has already been lawfully in the State of employment. 3. 1. Skip navigation links Sitemap | About us | FAQs. Some recent UN World Conferences have dealt with the rights of migrant workers: Includes excerpts from the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Migration for Employment Convention (Revised) (No. 1. 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. 2. 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. 1. 1. During detention or imprisonment, migrant workers and members of their families shall enjoy the same rights as nationals to visits by members of their families. 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. States Parties shall promote conditions to ensure effective equality of treatment to enable migrant workers to enjoy the rights mentioned in paragraph 1 of the present article whenever the terms of their stay, as authorized by the State of employment, meet the appropriate requirements. International Law is the system of rules, norms and standards by which the world’s nations agree to be governed. Any migrant worker or member of his or her family who is detained in a State of transit or in a State of employment for violation of provisions relating to migration shall be held, in so far as practicable, separately from convicted persons or persons detained pending trial. 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. The Committee may also communicate only to the States Parties concerned any views that it may consider relevant to the issue between them. (emphasis added). International Migrant Bill of Rights (IMBR). 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. 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. Migrant workers in the State of employment shall have the right freely to choose their remunerated activity, subject to the following restrictions or conditions. 3. Concerning migrant workers and members of their families in a regular situation, States Parties concerned shall co-operate as appropriate, on terms agreed upon by those States, with a view to promoting adequate economic conditions for their resettlement and to facilitating their durable social and cultural reintegration in the State of origin. The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights. (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. 4. 2. With respect to members of a migrant worker's family who are not permitted freely to choose their remunerated activity, States Parties shall consider favourably granting them priority in obtaining permission to engage in a remunerated activity over other workers who seek admission to the State of employment, subject to applicable bilateral and multilateral agreements. 1. 1. 1. To date, 44 States have ratified the Convention. 1 Art. 2. Sitemap | About us | It shall not be possible to derogate by contract from rights recognized in the present Convention. 2 (1) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) (‘ICRMW’) defines a migrant worker as ‘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’ (see also migration). 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. No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 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. 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. The State Party may also inform the Committee of the matter. The written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. Taking into account the fact that migration is often the cause of serious problems for the members of the families of migrant workers as well as for the workers themselves, in particular because of the scattering of the family. 1. 2. 3. 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. 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. States undertake to assist migrant workers against misleading propaganda relating to immigration and emigration; States undertake to adopt appropriate measures to facilitate the departure, journey and reception of such workers and their families and to provide appropriate services for health, medical attention and good hygienic conditions during the journey; States undertake to secure for migrant workers lawfully within their territories, insofar as such matters are regulated by law or regulations or are subject to the control of administrative authorities, treatment not less favourable than that of their own nationals in respect of the following matters: remuneration, working conditions, membership of trade unions, enjoyment of the benefits of collective bargaining and accommodation; States undertake to secure for such workers lawfully within their territory treatment not less favourable than that of their own nationals with regard to employment taxes, dues or contributions payable of employed' persons; States undertake to facilitate the reunion of a family of a foreign worker lawfully within their territory; States undertake to secure that workers lawfully residing within their territories receive treatment not less favourable than that of their own nationals in respect of legal proceedings; States undertake to secure that the workers lawfully residing within their territories are not expelled unless they endanger national security or offend the public interest or morality; States undertake to permit the transfer of the earnings and savings of the migrant workers into other countries. Rights of Migrants under International Law. Migrant workers and members of their families shall have the right to liberty and security of person. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective. The person concerned may be required to pay his or her own travel costs. (a) For the purpose of reviewing the application of the present Convention, there shall be established a Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to as "the Committee"); (b) The Committee shall consist, at the time of entry into force of the present Convention, of ten and, after the entry into force of the Convention for the forty-first State Party, of fourteen experts of high moral standing, impartiality and recognized competence in the field covered by the Convention. Project-tied workers, as defined in article 2, paragraph 2 (of the present Convention, and members of their families 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 45, paragraph I (b), and articles 52 to 55. States Parties shall take measures not less favourable than those applied to nationals to ensure that working and living conditions of migrant workers and members of their families in a regular situation are in keeping with the standards of fitness, safety, health and principles of human dignity. Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin. 1. Nothing in the present Convention shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families. The present Convention shall be open to accession by any State. Migrant workers and members of their families who are documented or in a regular situation in the State of employment shall enjoy the rights set forth in the present part of the Convention in addition to those set forth in part III. Affairs Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State. According to international human rights norms, which are based upon the inherent dignity of every person, migrants enjoy the Members of the families of migrant workers shall, in the State of employment, enjoy equality of treatment with nationals of that State in relation to: (a) Access to educational institutions and services, subject to the admission requirements and other regulations of the institutions and services concerned; (b) Access to vocational guidance and training institutions and services, provided that requirements for participation are met; (c) Access to social and health services, provided that requirements for participation in the respective schemes are met; (d) Access to and participation in cultural life. 1. The Committee shall forward its views to the State Party concerned and to the individual. 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. The Protection of the Rights of Migrant Workers and their Families by the ILO with Particular Reference to the Migrant Workers Instruments of 1949 and 1975. Subject to article 70 of the present Convention, a State of employment may make the establishment of such facilities subject to the requirements generally applied in that State concerning their installation. 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. The right to life of migrant workers and members of their families shall be protected by law. 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. 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. 1. 2. 3. 2. 2. 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. No authorized confiscation of such documents shall take place without delivery of a detailed receipt. 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. An overview of human rights norms. States Parties may take appropriate measures to assist and encourage efforts in this respect. 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. 5. 1. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. 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. Development. rights organization in your country. The system of rules, norms and standards by which the worker has already been lawfully in the present carries. 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