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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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situation
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 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
, ...
... 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
, ...
... 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
, ...
... 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-5
[
go to this ARTICLE
]
... (a) Are considered as
documented
or in a
regular situation
if they are
authorized
to enter, to stay and to engage in a remunerated
activity
in the
State of employment
pursuant to the
law
of that
State
and to
international agreements
to which that
State
is a
party
; ...
... (b) Are considered as non-
documented
or in an
irregular situation
if they do not comply with the
conditions
provided for in subparagraph (a) of the present
article
. ...
ARTICLE-17
[
go to this ARTICLE
]
... 7.
Migrant workers
and
members
of their
families
who are subjected to any form of
detention
or
imprisonment
in
accordance
with the
law
in
force
in the
State of employment
or in the
State of transit
shall enjoy the same
rights
as
nationals
of those
States
who are in the same
situation
. ...
ARTICLE-30
[
go to this ARTICLE
]
... Each
child
of a
migrant worker
shall have the basic
right of access
to
education
on the basis of
equality of treatment
with
nationals
of the
State
concerned
.
Access
to
public
pre-
school
educational institutions
or
schools
shall not be refused or limited by
reason
of the
irregular situation
with
respect
to stay or
employment
of either
parent
or by
reason
of the
irregularity
of the
child
's stay in the
State of employment
. ...
ARTICLE-35
[
go to this ARTICLE
]
... Nothing in the present part of the
Convention
shall be interpreted as implying the regularization of the
situation
of
migrant workers
or
members
of their
families
who are non-
documented
or in an
irregular situation
or any
right
to such regularization of their
situation
, nor shall it
prejudice
the
measures
intended to ensure
sound
and
equitable
-
conditions
for
international
migration
as provided in part VI of the present
Convention
. ...
... Nothing in the present part of the
Convention
shall be interpreted as implying the regularization of the
situation
of
migrant workers
or
members
of their
families
who are non-
documented
or in an
irregular situation
or any
right
to such regularization of their
situation
, nor shall it
prejudice
the
measures
intended to ensure
sound
and
equitable
-
conditions
for
international
migration
as provided in part VI of the present
Convention
. ...
... Nothing in the present part of the
Convention
shall be interpreted as implying the regularization of the
situation
of
migrant workers
or
members
of their
families
who are non-
documented
or in an
irregular situation
or any
right
to such regularization of their
situation
, nor shall it
prejudice
the
measures
intended to ensure
sound
and
equitable
-
conditions
for
international
migration
as provided in part VI of the present
Convention
. ...
ARTICLE-36
[
go to this ARTICLE
]
...
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. ...
ARTICLE-49
[
go to this ARTICLE
]
... 2.
Migrant workers
who in the
State of employment
are allowed
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permits
or similar
authorizations
. ...
ARTICLE-51
[
go to this ARTICLE
]
...
Migrant workers
who in the
State of employment
are not permitted
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permit
, except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. Such
migrant workers
shall have the
right
to
seek
alternative
employment
,
participation
in
public work
schemes
and
retraining
during the remaining
period
of their
authorization
to
work
,
subject
to such
conditions
and
limitations
as are specified in the
authorization
to
work
. ...
ARTICLE-57
[
go to this ARTICLE
]
... The particular
categories
of
migrant workers
and
members
of their
families
specified in the present part of the
Convention
who are
documented
or in a
regular situation
shall enjoy the
rights
set forth in part m and, except as modified below, the
rights
set forth in part IV. ...
ARTICLE-67
[
go to this ARTICLE
]
... 1.
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
. ...
... 2.
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
. ...
ARTICLE-68
[
go to this ARTICLE
]
... 1.
States Parties
,
including
States
of
transit
, shall collaborate with a
view
to preventing and
eliminating
illegal
or
clandestine
movements
and
employment
of
migrant workers
in an
irregular situation
. The
measures
to be taken to this end within the
jurisdiction
of each
State
concerned
shall
include
: ...
... (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
. ...
... 2.
States
of
employment
shall take all adequate and effective
measures
to
eliminate
employment
in their
territory
of
migrant workers
in an
irregular situation
,
including
, whenever appropriate,
sanctions
on
employers
of such workers. The
rights
of
migrant workers
vis-a-vis their
employer
arising from
employment
shall not be impaired by these
measures
. ...
ARTICLE-69
[
go to this ARTICLE
]
... 1.
States Parties
shall, when there are
migrant workers
and
members
of their
families
within their
territory
in an
irregular situation
, take appropriate
measures
to ensure that such a
situation
does not persist. ...
... 1.
States Parties
shall, when there are
migrant workers
and
members
of their
families
within their
territory
in an
irregular situation
, take appropriate
measures
to ensure that such a
situation
does not persist. ...
... 2. 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
. ...
... 2. 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
. ...
ARTICLE-70
[
go to this ARTICLE
]
...
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
. ...
ARTICLE-79
[
go to this ARTICLE
]
... 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
.
Concerning
other matters related to their
legal
situation
and
treatment
as
migrant workers
and
members
of their
families
,
States Parties
shall be
subject
to the
limitations
set forth in the present
Convention
. ...
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