International Convention on the Protection of the Rights of all Migrant 7

International Convention on the Protection of the Rights of all Migrant

 

Article 33

1. Migrant workers and members of their families shall have the right
to be informed by the State of origin, the State of employment or the
State of transit as the case may be concerning:

(a) Their rights arising out of the present Convention;

(b) The conditions of their admission, their rights and obligations
under the law and practice of the State concerned and such other matters
as will enable them to comply with administrative or other formalities in
that State.

2. States Parties shall take all measures they deem appropriate to
disseminate the said information or to ensure that it is provided by
employers, trade unions or other appropriate bodies or institutions. As
appropriate, they shall co-operate with other States concerned.

3. Such adequate information shall be provided upon request to
migrant workers and members of their families, free of charge, and, as
far as possible, in a language they are able to understand.

Article 34

Nothing in the present part of the Convention shall have the effect of
relieving migrant workers and the members of their families from either
the obligation to comply with the laws and regulations of any State of
transit and the State of employment or the obligation to respect the
cultural identity of the inhabitants of such States.

Article 35

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.

PART IV

Other rights of migrant workers and members of their families
who are documented or in a regular situation

Article 36

Migrant workers and members of their families who are documented or in
a regular situation in the Sate 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 37

Before their departure, or at the latest at the time of their
admission to the State of employment, migrant workers and members of
their families shall have the right to be fully informed by the State of
origin or the State of employment, as appropriate, of all conditions
applicable to their admission and particularly those concerning their
stay and the remunerated activities in which they may engage as well as
of the requirements they must satisfy in the State of employment and the
authority to which they must address themselves for any modification of
those conditions.

Article 38

1. States of employment shall make every effort to authorize migrant
workers and members of their families to be temporarily absent without
effect upon their authorization to stay or to work, as the case may be.
In doing so, States of employment shall take into account the special
needs and obligations of migrant workers and members of their families,
in particular in their States of origin.

2. Migrant workers and members of their families shall have the right
to be fully informed of the terms on which such temporary absences are
authorized.
Article 39

1. Migrant workers and members of their families shall have the right
to liberty of movement in the territory of the State of employment and
freedom to choose their residence there.

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

1. Migrant workers and members of their families shall have the right
to form associations and trade unions in the State of employment for the
promotion and protection of their economic, social, cultural and other
interests.

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 41

1. Migrant workers and members of their families shall have the right
to participate in public affairs of their State of origin and to vote and
to be elected at elections of that State, in accordance with its
legislation.

2. The States concerned shall, as appropriate and in accordance with
their legislation, facilitate the exercise of these rights.

Article 42

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.

2. States of employment shall facilitate, in accordance with their
national legislation, the consultation or participation of migrant
workers and members of their families in decisions concerning the life
and administration of local communities.

3. Migrant workers may enjoy political rights in the State of
employment if that State, in the exercise of its sovereignty, grants them
such rights.

Article 43

1. Migrant workers shall enjoy equality of treatment with nationals
of the State of employment in relation to:

(a) Access to educational institutions and services subject to the
admission requirements and other regulations of the institutions and
services concerned;

(b) Access to vocational guidance and placement services;

(c) Access to vocational training and retraining facilities and
institutions;

(d) Access to housing, including social housing schemes, and
protection against exploitation in respect of rents;

(e) Access to social and health services, provided that the
requirements for participation in the respective schemes are met;

(f) Access to co-operatives and self-managed enterprises, which shall
not imply a change of their migration status and shall be subject to the
rules and regulations of the bodies concerned;

(g) Access to and participation in cultural life.

2. States Parties shall promote conditions to ensure effective
equality of treatment to enable migrant workers to enjoy the rights
mentioned in paragraph 1 of the present article whenever the terms of
their stay, as authorized by the State of employment, meet the
appropriate requirements.

3. States of employment shall not prevent an employer of migrant
workers from establishing housing or social or cultural facilities for
them. Subject to article 70 of the present Convention, a State of
employment may make the establishment of such facilities subject to the
requirements generally applied in that State concerning their
installation.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Convention on the Protection of the Rights of all Migrant.


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