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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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order
[
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PREAMBLE
[
go to this PREAMBLE
]
... Bearing in
mind
that the
human
problems
involved in
migration
are even more
serious
in the
case
of
irregular
migration
and convinced therefore that appropriate
action
should be
encouraged
in
order
to
prevent
and
eliminate
clandestine
movements
and trafficking in
migrant workers
, while at the same
time
assuring
the
protection
of their
fundamental
human rights
, ...
... 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
, ...
ARTICLE-8
[
go to this ARTICLE
]
... 1.
Migrant workers
and
members
of their
families
shall be
free
to
leave
any
State
,
including
their
State of origin
. This
right
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 part of the
Convention
. ...
ARTICLE-11
[
go to this ARTICLE
]
... (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
; ...
ARTICLE-12
[
go to this ARTICLE
]
... 3.
Freedom
to manifest one's
religion
or
belief
may be
subject
only to such
limitations
as are prescribed by
law
and are necessary to
protect
public safety
,
order
,
health
or
morals
or the
fundamental rights
and
freedoms
of others. ...
ARTICLE-13
[
go to this ARTICLE
]
... (b) For the
protection
of the
national security
of the
States
concerned
or of
public order
(
ordre public
) or of
public health
or
morals
; ...
ARTICLE-16
[
go to this ARTICLE
]
... 8.
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
. 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. ...
... 8.
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
. 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. ...
ARTICLE-26
[
go to this ARTICLE
]
... 2. 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
. ...
ARTICLE-39
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-40
[
go to this ARTICLE
]
... 2. No
restrictions
may be placed on the
exercise
of this
right
other than those that are prescribed by
law
and 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
. ...
ARTICLE-49
[
go to this ARTICLE
]
... 3. 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
. ...
ARTICLE-50
[
go to this ARTICLE
]
... 2.
Members of the family
to whom such
authorization
is not
granted
shall be allowed before
departure
a
reasonable
period
of
time
in
order
to enable them to settle their
affairs
in the
State of employment
. ...
ARTICLE-72
[
go to this ARTICLE
]
... 3. 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
. 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
. 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. ...
ARTICLE-74
[
go to this ARTICLE
]
... 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. ...
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