Rights of migrant workers in an irregular situation and members of their families 2013, para. 35
Paragraph
Paragraph text
Article 16, paragraph 9, provides for an enforceable right to compensation for migrant workers and members of their families who have been victims of unlawful arrest or detention. This right does not depend on a violation of article 16. It is sufficient that the arrest or detention be found unlawful under national or international law. States parties shall ensure that the right to compensation can be effectively enforced before the competent domestic authority. States parties must also ensure that migrant workers and members of their families are not expelled while their claim is being considered.
Legal status
Non-negotiated soft law
Body
Committee on Migrant Workers
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
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. 35.