International Convention on the Protection of the Rights of all Migrant 8

International Convention on the Protection of the Rights of all Migrant

 

Article 44

1. States Parties, recognizing that the family is the natural and
fundamental group unit of society and is entitled to protection by
society and the State, shall take appropriate measures to ensure the
protection of the unity of the families of migrant workers.

2. States Parties shall take measures that they deem appropriate and
that fall within their competence to facilitate the reunification of
migrant workers with their spouses or persons who have with the migrant
worker a relationship that, according to applicable law, produces effects
equivalent to marriage, as well as with their minor dependent unmarried
children.

3. States of employment, on humanitarian grounds, shall favourably
consider granting equal treatment, as set forth in paragraph 2 of the
present article, to other family members of migrant workers.

Article 45

1. Members of the families of migrant workers shall, in the State of
employment, enjoy equality of treatment with nationals of that State 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 training institutions and
services, provided that requirements for participation are met;

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

(d) Access to and participation in cultural life.

2. States of employment shall pursue a policy, where appropriate in
collaboration with the States of origin, aimed at facilitating the
integration of children of migrant workers in the local school system,
particularly in respect of teaching them the local language.

3. States of employment shall endeavour to facilitate for the
children of migrant workers the teaching of their mother tongue and
culture and, in this regard, States of origin shall collaborate whenever
appropriate.

4. States of employment may provide special schemes of Education in
the mother tongue of children of migrant workers, if necessary in
collaboration with the States of origin.

Article 46

Migrant workers and members of their families shall, subject to the
applicable legislation of the States concerned, as well as relevant
international agreements and the obligations of the States concerned
arising out of their participation in customs unions, enjoy exemption
from import and export duties and taxes in respect of their personal and
household effects as well as the equipment necessary to engage in the
remunerated activity for which they were admitted to the State of
employment:

(a) Upon departure from the State of origin or State of habitual
residence;

(b) Upon initial admission to the State of employment;

(c) Upon final departure from the State of employment;

(d) Upon final return to the State of origin or State of habitual
residence.

Article 47

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.

2. States concerned shall take appropriate measures to facilitate
such transfers.

Article 48

1. Without prejudice to applicable double taxation agreements,
migrant workers and members of their families shall, in the matter of
earnings in the State of employment:

(a) Not be liable to taxes, duties or charges of any description
higher or more onerous than those imposed on nationals in similar
circumstances;

(b) Be entitled to deducations or exemptions from taxes of any
description and to any tax allowances applicable to nationals in similar
circumstances, including tax allowances for dependent members of their
families.

2. States Parties shall endeavour to adopt appropriate measures to
avoid double taxation of the earnings and savings of migrant workers and
members of their families.

Article 49

1. Where separate authorizations to reside and to engage in
employment are required by national legislation, the States of employment
shall issue to migrant workers authorization of residence for at least
the same period of time as their authorization to engage in remunerated
activity.

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.

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

1. In the case of death of a migrant worker or dissolution of
marriage, the State of employment shall favourably consider granting
family members of that migrant worker residing in that State on the basis
of family reunion an authorization to stay; the State of employment shall
take into account the length of time they have already resided in that
State.

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.

3. The provisions of paragraphs 1 and 2 of the present article may
not be interpreted as adversely affecting any right to stay and work
otherwise granted to such family members by the legislation of the State
of employment or by bilateral and multilateral Treaties applicable to
that State.

Article 51

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 52

1. Migrant workers in the State of employment shall have the right
freely to choose their remunerated activity, subject to the following
restrictions or conditions.

2. For any migrant worker a State of employment may:

(a) Restrict access to limited categories of employment, functions,
services or activities where this is necessary in the interests of this
State and provided for by national legislation;

(b) Restrict free choice of remunerated activity in accordance with
its legislation concerning recognition of occupational qualifications
acquired outside its territory. However, States Parties concerned shall
endeavour to provide for recognition of such qualifications.

3. For migrant workers whose permission to work is limited in time, a
State of employment may also:

(a) Make the right freely to choose their remunerated activities
subject to the condition that the migrant worker has resided lawfully in
its territory for the purpose of remunerated activity for a period of
time prescribed in its national legislation that should not exceed two
years;

(b) Limit access by a migrant worker to remunerated activities in
pursuance of a policy of granting priority to its nationals or to persons
who are assimilated to them for these purposes by virtue of legislation
or bilateral or multilateral agreements. Any such limitation shall cease
to apply to a migrant worker who has resided lawfully in its territory
for the purpose of remunerated activity for a period of time prescribed
in its national legislation that should not exceed five years.

4. States of employment shall prescribe the conditions under which a
migrant worker who has been admitted to take up employment may be
authorized to engage in work on his or her own account. Account shall be
taken of the period during which the worker has already been lawfully in
the State of employment.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

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


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