Rights of migrant workers in an irregular situation and members of their families 2013, para. 19
Paragraph- Paragraph text
- Article 7 requires States parties "to respect and to ensure" to all migrant workers and members of their families without discrimination the rights provided for in the Convention. Article 7 does not provide an autonomous right. Its application is limited to those rights of migrant workers and members of their families in an irregular situation that are protected in the Convention, and in particular Part III. Article 7 covers both de jure and de facto discrimination. In this context, de jure refers to discrimination that exists in the law, and de facto refers to discrimination that exists in fact or has an effect even though not formally or legally recognized. States parties shall respect the prohibition of discrimination by ensuring that their laws, regulations and administrative practices do not discriminate against migrant workers and members of their families. The Committee is of the view that merely addressing de jure discrimination will not ensure de facto equality. Therefore, States parties shall protect the rights under the Convention for all migrant workers by adopting positive measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate de facto discrimination against them.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
- Reference
- CMW General Comment No. 2, Rights of migrant workers in an irregular situation and members of their families (2013), para. 19.
- Paragraph number
- 19
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