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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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procedure
[
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PREAMBLE
[
go to this PREAMBLE
]
... Considering also that
recourse
to the
employment
of
migrant workers
who are in an
irregular situation
will be discouraged if the
fundamental
human rights
of all
migrant workers
are more widely recognized and, moreover, that granting certain additional
rights
to
migrant workers
and
members
of their
families
in a
regular situation
will
encourage
all
migrants
and
employers
to
respect
and comply with the
laws
and
procedures
established
by the
States
concerned
, ...
ARTICLE-16
[
go to this ARTICLE
]
... 3. 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
. ...
... 4.
Migrant workers
and
members
of their
families
shall not be subjected individually or
collectively
to
arbitrary arrest
or
detention
; they shall not be
deprived
o their
liberty
except on such grounds and in
accordance
with such
procedures
as are
established
by
law
. ...
ARTICLE-18
[
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]
... 4. 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
. ...
... 7. 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
. ...
ARTICLE-42
[
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]
... 1.
States Parties
shall consider the
establishment
of
procedures
or
institutions
through which
account
may be taken, both in
States
of
origin
and in
States
of
employment
, of
special
needs, aspirations and
obligations
of
migrant workers
and
members
of their
families
and shall envisage, as appropriate, the possibility for
migrant workers
and
members
of their
families
to have their
freely
chosen
representatives
in those
institutions
. ...
ARTICLE-47
[
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]
... 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
. Such
transfers
shall be made in
conformity
with
procedures
established
by applicable
legislation
of the
State
concerned
and in
conformity
with applicable
international agreements
. ...
ARTICLE-75
[
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]
... 1. The
Committee
shall
adopt
its own
rules of procedure
. ...
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
: ...
... (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
. The
State Party
may also inform the
Committee
of the matter. Within three
months
after the
receipt
of the
communication
the
receiving State
shall afford the
State
that sent the
communication
an explanation, or any other
statement
in
writing
clarifying the matter which should
include
, to the
extent
possible and pertinent,
reference
to
domestic
procedures
and
remedies
taken, pending or available in the matter; ...
ARTICLE-77
[
go to this ARTICLE
]
... (a) The same matter has not been, and is not being, examined under another
procedure
of
international
investigation
or
settlement
; ...
ARTICLE-78
[
go to this ARTICLE
]
... 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
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. ...
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