Edited by Stephen Tully
Chapter 37: UN: International Convention on the Rights of all Migrant Workers and Members of their Families, 1990
Commentary: The Convention (UN Doc A/45/49 (1990), entry into force 2003) seeks to end the illegal or clandestine recruitment and trafficking of migrant workers and to discourage their employment in irregular or undocumented situations. Article 2 identifies various categories of migrant worker. Under Part 3, the rights extending to all migrant workers and their families include non-discriminatory treatment (Articles 1 & 7), freedom of movement (8), life (9), freedom from torture (10), freedom of thought and expression (12 & 13), privacy (14), equality before the law (18), consular assistance (23), social security (27), medical care (28), cultural identity (31) and information access (33). Certain rights apply to the children of migrant workers (Articles 29 & 30). It is prohibited to destroy identity documents (Article 21). Part 4 identifies additional rights for migrant workers and their families who are in documented or regular situations (Article 36). These pertain to full information (Article 37), temporary absences (38), freedom of movement (39), participation in public affairs (41), representation in procedures or institutions (42) and transferring earnings abroad (47). Such workers are also entitled to protective measures for family units (44), exemption from import and export duties or taxes in certain circumstances (46) and protection from double taxation (48) and expulsion (56). Particular categories of migrant workers and their families enjoy these rights to the extent that they have not been modified by Part 5 (Article 57). These modifications apply to frontier workers (Article 58), seasonal workers (59), itinerant workers (60), project-tied workers (61), specified-employment workers (62)...
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