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International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
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competence
[
Global Index
]
ARTICLE-11
[
go to this ARTICLE
]
... 3. Paragraph 2 of the present
article
shall not be held to preclude, in
States
where
imprisonment
with hard
labour
may be imposed as a
punishment
for a
crime
, the
performance
of hard
labour
in pursuance of a
sentence
to such
punishment
by a
competent
court
. ...
ARTICLE-17
[
go to this ARTICLE
]
... 6. 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
. ...
ARTICLE-18
[
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]
... 1.
Migrant workers
and
members
of their
families
shall have the
right
to
equality
with
nationals
of the
State
concerned
before the
courts
and
tribunals
. 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
. ...
ARTICLE-22
[
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]
... 2.
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
. ...
... 4. 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. Pending such
review
, the
person
concerned
shall have the
right
to
seek
a stay of the
decision
of
expulsion
. ...
ARTICLE-27
[
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]
... 1. With
respect
to
social security
,
migrant workers
and
members
of their
families
shall enjoy in the
State of employment
the same
treatment
granted
to
nationals
in so far as they fulfil the
requirements
provided for by the applicable
legislation
of that
State
and the applicable
bilateral
and
multilateral treaties
. The
competent authorities
of the
State of origin
and the
State of employment
can at any
time
establish
the necessary
arrangements
to determine the
modalities
of
application
of this
norm
. ...
ARTICLE-44
[
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]
... 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
. ...
ARTICLE-54
[
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]
... 2. 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
. ...
ARTICLE-61
[
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]
... 2. 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
. ...
ARTICLE-65
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]
... (b) An
exchange of information
.
consultation
and
co-operation
with the
competent authorities
of other
States Parties
involved in such
migration
; ...
ARTICLE-72
[
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]
... (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
. ...
ARTICLE-74
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]
... 2. 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
. The
Committee
shall consider in its
deliberations
such comments and
materials
as the
Office
may provide. ...
... 3. 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
. ...
... 6. The
Committee
may invite
representatives
of other specialized
agencies
and
organs
of the
United Nations
, as well as of
intergovernmental organizations
, to be present and to be heard in its
meetings
whenever matters falling within their
field
of
competence
are considered. ...
ARTICLE-76
[
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]
... 1. A
State Party
to the present
Convention
may at any
time
declare
under this
article
that it recognizes the
competence
of the
Committee
to
receive
and consider communications to the
effect
that a
State Party
claims
that another
State Party
is not fulfilling its
obligations
under the present
Convention
. Communications under this
article
may be
received
and considered only if submitted by a
State Party
that has made a
declaration
recognizing in
regard
to itself the
competence
of the
Committee
. No
communication
shall be
received
by the
Committee
if it
concerns
a
State Party
which has not made such a
declaration
. Communications
received
under this
article
shall be dealt with in
accordance
with the following
procedure
: ...
... 1. A
State Party
to the present
Convention
may at any
time
declare
under this
article
that it recognizes the
competence
of the
Committee
to
receive
and consider communications to the
effect
that a
State Party
claims
that another
State Party
is not fulfilling its
obligations
under the present
Convention
. Communications under this
article
may be
received
and considered only if submitted by a
State Party
that has made a
declaration
recognizing in
regard
to itself the
competence
of the
Committee
. No
communication
shall be
received
by the
Committee
if it
concerns
a
State Party
which has not made such a
declaration
. Communications
received
under this
article
shall be dealt with in
accordance
with the following
procedure
: ...
ARTICLE-77
[
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]
... 1. 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
. No
communication
shall be
received
by the
Committee
if it
concerns
a
State Party
that has not made such a
declaration
. ...
ARTICLE-83
[
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]
... (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
; ...
... (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
.
Article
84
Each
State Party
undertakes
to
adopt
the
legislative
and other
measures
that are necessary to
implement
the
provisions
of the present
Convention
. ...
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