International Convention on the Protection of the Rights of all Migrant

 

Article 20

1. No migrant worker or member of his or her family shall be
imprisoned merely on the ground of failure to fulfil a contractual
obligation.

2. No migrant worker or member of his or her family shall be deprived
of his or her authorization of residence or work permit or expelled
merely on the ground of failure to fulfil an obligation arising out of a
work contract unless fulfilment of that obligation constitutes a
condition for such authorization or permit.

Article 21

It shall be unlawful for anyone, other than a public official duly
authorized by law, to confiscate, destroy or attempt to destroy identity
documents, documents authorizing entry to or stay, residence or
establishment in the national territory or work permits. No authorized
confiscation of such documents shall take place without delivery of a
detailed receipt. In no case shall it be permitted to destroy the
passport or equivalent document of a migrant worker or a member of his or
her family.

Article 22

1. Migrant workers and members of their families shall not be subject
to measures of collective expulsion. Each case of expulsion shall be
examined and decided individually.

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.

3. The decision shall be communicated to them in a language they
understand. Upon their request where not otherwise mandatory, the
decision shall be communicated to them in writing and, save in
exceptional circumstances on account of national security, the reasons
for the decision likewise stated. The persons concerned shall be informed
of these rights before or at the latest at the time the decision is
rendered.

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.

5. If a decision of expulsion that has already been executed is
subsequently annulled, the person concerned shall have the right to seek
compensation according to law and the earlier decision shall not be used
to prevent him or her from re-entering the State concerned.

6. In case of expulsion, the person concerned shall have a reasonable
opportunity before or after departure to settle any claims for wages and
other entitlements due to him or her and any pending liabilities.

7. Without prejudice to the execution of a decision of expulsion, a
migrant worker or a member of his or her family who is subject to such a
decision may seek entry into a State other than his or her State of
origin.

8. In case of expulsion of a migrant worker or a member of his or her
family the costs of expulsion shall not be borne by him or her. The
person concerned may be required to pay his or her own travel costs.

9. Expulsion from the State of employment shall not in itself
prejudice any rights of a migrant worker or a member of his or her family
acquired in accordance with the law of that State, including the right to
receive wages and other entitlements due to him or her.

Article 23

Migrant workers and members of their families shall have the right to
have recourse to the protection and assistance of the consular or
diplomatic authorities of their State of origin or of a State
representing the interests of that State whenever the rights recognized
in the present Convention are impaired. 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.

Article 24

Every migrant worker and every member of his or her family shall have
the right to recognition everywhere as a person before the law.

Article 25

1. 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 this term;

(b) Other terms of employment, that is to say, minimum age of
employment, restriction on home work and any other matters which,
according to national law and practice, are considered a term of
employment.

2. It shall not be lawful to derogate in private contracts of
employment from the principle of equality of treatment referred to in
paragraph 1 of the present article.

3. States Parties shall take all appropriate measures to ensure that
migrant workers are not deprived of any rights derived from this
principle by reason of any irregularity in their stay or employment. In
particular, employers shall not be relieved of any legal or contractual
obligations, nor shall their obligations be limited in any manner by
reason of any such irregularity.

Article 26

1. States Parties recognize the right of migrant workers and members
of their families:

(a) To take part in meetings and activities of trade unions and of any
other associations established in accordance with law, with a view to
protecting their economic, social, cultural and other interests, subject
only to the rules of the organization concerned;

(b) To join freely any trade union and any such association as
aforesaid, subject only to the rules of the organization concerned;

(c) To seek the aid and assistance of any trade union and of any such
association as aforesaid.

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 27

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.

2. Where the applicable legislation does not allow migrant workers
and members of their families a benefit, the States concerned shall
examine the possibility of reimbursing interested persons the amount of
contributions made by them with respect to that benefit on the basis of
the treatment granted to nationals who are in similar circumstances.

Article 28

Migrant workers and members of their families shall have the right to
receive any medical care that is urgently required for the preservation
of their life or the avoidance of irreparable harm to their health on the
basis of equality of treatment with nationals of the State concerned.
Such emergency medical care shall not be refused them by reason of any
irregularity with regard to stay or employment.

Article 29

Each child of a migrant worker shall have the right to a name, to
registration of birth and to a nationality.

Article 30

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 31

1. States Parties shall ensure respect for the cultural identity of
migrant workers and members of their families and shall not prevent them
from maintaining their cultural links with their State of origin.

2. States Parties may take appropriate measures to assist and
encourage efforts in this respect.

Article 32

Upon the termination of their stay in the State of employment, migrant
workers and members of their families shall have the right to transfer
their earnings and savings and, in accordance with the applicable
legislation of the States concerned, their personal effects and
belongings.

 

Author: international

Mentioned in these Entries

Education, International Convention on the Protection of the Rights of all Migrant, Treaties.