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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Rights of migrant workers in an irregular situation and members of their families 2013, para. 64 | Aug 19, 2019 | Paragraph | Article 25 provides for equality in treatment regarding remuneration and other conditions of work between nationals and migrants and also guarantees this right in private employment contracts, notwithstanding the status of the migrant worker. Article 25, paragraph 3, states that employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of any irregularity in the stay or employment of migrant workers. States parties shall provide for appropriate sanctions for employers who derogate from the principle of equality of treatment in private employment contracts with migrant workers in an irregular situation, and ensure that those migrant workers have access to labour courts or other judicial remedies when their rights are violated and without fear of being deported (art. 83). To give effect to this provision, the Committee is of the view that States parties shall also put in place an effective monitoring system for workplaces, especially in industries known to be employing migrant workers in an irregular situation. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 65 | Aug 19, 2019 | Paragraph | The right to organize and to engage in collective bargaining is essential for migrant workers to express their needs and defend their rights, in particular through trade unions. Article 26 of the Convention sets out the right of all migrant workers to join trade unions and other associations protecting their interests. Article 26 does not provide for protection of the right to form trade unions. This provision, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. For example, article 2 of ILO Convention No. 87 (1948) concerning Freedom of Association and Protection of the Rights to Organise, and article 22, paragraph 1, of the International Covenant on Civil and Political Rights, both apply to migrant workers in an irregular situation. Article 26 also protects their right to participate in meetings and activities, and to seek the assistance, of trade unions and any other associations established in accordance with law. States parties shall ensure these rights, including the right to collective bargaining, encourage self-organization among migrant workers, irrespective of their migration status, and provide them with information about relevant associations that can provide assistance. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 63 | Aug 19, 2019 | Paragraph | States parties should require employers to explicitly state in contracts that are free, fair and fully consented to, the terms of employment for migrant workers, including those in an irregular situation, in a language they understand, outlining their specific duties, hours of work, remuneration, days of rest and other conditions of work. They should take effective measures against non-payment of wages, delay in payment until departure, transfer of wages into accounts that are inaccessible to migrant workers, or payment of lower wages to migrant workers, especially those in an irregular situation, than to nationals. States parties should also step up inspections of places where migrant workers are routinely employed and instruct labour inspectorates not to share data concerning the migration status of migrant workers with immigration authorities, as their primary duty is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, in accordance with article 3, paragraph 1 (a), of ILO Convention No. 81 (1947) concerning Labour Inspection in Industry and Commerce. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 55 | Aug 19, 2019 | Paragraph | Article 22, paragraph 6, provides for the person concerned by an expulsion decision to have a reasonable opportunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities. This provision echoes article 9, paragraph 1, of ILO Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions). The opportunity to settle claims, wages and other benefits must be effective in practice. Migrant workers often encounter problems pursuing legal claims in the State of employment once they have returned to their State of origin, including high litigation costs or difficulties providing evidence. Therefore, States parties should, whenever possible, grant migrant workers and their family members a reasonable period of time prior to their expulsion to claim wages and benefits. States parties should also consider time-bound or expedited legal proceedings to address such claims by migrant workers. In addition, States parties should conclude bilateral agreements so that migrant workers who return to their State of origin may have access to justice in the State of employment to file complaints about abuse and to claim unpaid wages and benefits. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Migrant domestic workers 2011, para. 36 | Aug 19, 2019 | Paragraph | Additionally, States parties are encouraged to adopt codes of conduct on the recruitment of migrant domestic workers, including specific rules governing fees and salary deductions, and to provide for appropriate penalties and sanctions to enforce them. States parties should ban recruitment fees charged to domestic workers, including through salary deductions. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 32c | Aug 19, 2019 | Paragraph | [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] Regular and public reporting of migrant domestic worker flows, employment, rights issues, training and other programmes, and issues of justice administration. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 32a | Aug 19, 2019 | Paragraph | [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] Protection-sensitive and transparent frameworks and agreements, including bilateral, multilateral and regional agreements between States; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 27b | Aug 19, 2019 | Paragraph | [A number of factors make it difficult for migrant domestic workers to claim their rights and seek redress in case of violations, including the fact that:] Migrant domestic workers often do not know to whom to address their labour problems or may be reluctant to contact the police or labour authorities out of fear of deportation. Language barriers and the costs of administrative and legal processes may be additional deterrents. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 26c | Aug 19, 2019 | Paragraph | [A range of factors constitutive of domestic work itself, and even more so, of domestic work performed by migrants, hides abuses from view, and makes detection of protection needs difficult.]: The physical and social isolation of workers blocks individual and collective action; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 25 | Aug 19, 2019 | Paragraph | Even if certain protections for migrant domestic workers are provided under national laws, there is often a gap between protections enjoyed by such workers in law and in practice. Some of the practical obstacles faced relate to the "hidden" nature of domestic work and factors preventing or deterring migrant domestic workers from claiming their rights. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 6 | Aug 19, 2019 | Paragraph | The Committee considers that migrant domestic workers are included in the term "migrant worker" as defined in article 2, paragraph 2, of the Convention and that any distinction made to exclude migrant domestic workers from protection would constitute a prima facie violation of the Convention. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 53 | Aug 19, 2019 | Paragraph | States parties should avoid making the immigration status of migrant domestic workers conditional on the sponsorship or guardianship of a specific employer, since any such arrangement may unduly restrict the liberty of movement of migrant domestic workers (article 39) and increases their vulnerability to exploitation and abuse, including in conditions of forced labour or servitude (article 11). | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 55a | Aug 19, 2019 | Paragraph | [States that have not yet done so are encouraged to ratify or accede to:] The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, including by making the binding declarations under articles 76 and 77; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Migrant domestic workers 2011, para. 35 | Aug 19, 2019 | Paragraph | States parties should establish specific criteria relating to migrant domestic workers' rights and ensure that only those agencies observing these criteria and codes can continue to operate. Such criteria could usefully be established in consultations with migrant workers' organizations themselves, non-governmental organizations working with migrant workers and with workers' and employers' organizations. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 28b | Aug 19, 2019 | Paragraph | [For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:] Basic knowledge of applicable national and transnational legal frameworks; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 28a | Aug 19, 2019 | Paragraph | [For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:] Information on different types and arrangements of domestic work; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 54 | Aug 19, 2019 | Paragraph | States parties should include in their periodic reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comment that they have implemented and their outcomes. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 68 | Aug 19, 2019 | Paragraph | States parties should include in their reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comments that they have implemented and their outcomes. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Migrant domestic workers 2011, para. 29d | Aug 19, 2019 | Paragraph | [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Financial literacy, including information on remittances and saving schemes; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 53 | Aug 19, 2019 | Paragraph | The Convention on the Rights of the Child stipulates that States parties shall respect and ensure the rights set forth in the Convention to each child within its jurisdiction without discrimination of any kind; this includes discrimination against children on the basis of their or their parents’ migration status. The Committees therefore urge States parties to provide equitable access to economic, social and cultural rights. States are encouraged to expeditiously reform legislation, policies and practices that discriminate against migrant children and their families, including those in an irregular situation, or prevent them from effectively accessing services and benefits, for example social assistance. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 47 | Aug 19, 2019 | Paragraph | With respect to social security, migrant children and their families shall have the right to the same treatment granted to nationals, insofar as they fulfil the requirements provided for by the applicable legislation of the State and the applicable bilateral and multilateral treaties. The Committees consider that in cases of necessity, States should provide emergency social assistance to migrant children and their families regardless of their migration status, without any discrimination. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Migrant domestic workers 2011, para. 42 | Aug 19, 2019 | Paragraph | States parties should ensure that migrant domestic workers are granted access to social security benefits on the basis of equal treatment with nationals (article 27). | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 27a | Aug 19, 2019 | Paragraph | [A number of factors make it difficult for migrant domestic workers to claim their rights and seek redress in case of violations, including the fact that:] Specific mechanisms available to receive and address complaints from domestic workers are often not available; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Migrant domestic workers 2011, para. 8 | Aug 19, 2019 | Paragraph | The vulnerability of migrant domestic workers does not begin and end in the workplace. Migrant domestic workers face risk throughout the migration cycle with a number of factors exposing them to violations of their human rights including those protected under the Convention. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2011 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 71 | Aug 19, 2019 | Paragraph | The Committee considers that in cases of extreme poverty and vulnerability, States parties should provide emergency social assistance to migrant workers in an irregular situation and members of their families, including emergency services for persons with disabilities, for as long as they might require it. It recalls that even if many migrant workers in an irregular situation do not participate in contributory schemes, they contribute to financing social protection schemes and programmes by paying indirect taxes. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 70 | Aug 19, 2019 | Paragraph | The reference to "contributions" in article 27, paragraph 2, does not imply that "social security," under article 27, paragraph 1, refers only to contributory social security schemes. Such a narrow reading would be contrary to article 9 of the International Covenant on Economic, Social and Cultural Rights, which recognizes "social security" as "including social insurance." Recalling that article 9 of the Covenant applies to all migrant workers, regardless of their legal status and documentation, the Committee considers that "social security" in article 27 of the Convention also covers existing non-contributory social benefits, and that migrant workers in an irregular situation shall have access to such benefits on a non-discriminatory basis, to the extent that the applicable legislation of the State party concerned provides for such an entitlement. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 69 | Aug 19, 2019 | Paragraph | Article 27, paragraph 2, states that where the applicable legislation does not allow migrant workers and members of their families a benefit, the State party concerned shall examine the possibility of reimbursing them the amount of contributions made by them with respect to that benefit on the basis of equality of treatment with nationals. In this respect, States parties shall provide objective reasons in each case in which the reimbursement of the said contributions is deemed impossible. A decision not to reimburse contributions made by a migrant worker or family member must not discriminate on the basis of his or her nationality or migration status. Furthermore, the Committee considers that a migrant worker's entitlement to social security benefits should not be affected by a change in workplace. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 68 | Aug 19, 2019 | Paragraph | Article 27, paragraph 1, provides that migrant workers' right to social security is subject to the applicable bilateral and multilateral treaties and that the competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of the application of this benefit. As recommended in the ILO Multilateral Framework on Labour Migration, States parties should consider entering into bilateral, regional or multilateral agreements to provide social security coverage and benefits, as well as portability of social security entitlements, to migrant workers, including, as appropriate, to those in an irregular situation. However, article 27, paragraph 1, cannot be interpreted as depriving migrant workers of benefits to which they would otherwise be entitled under the applicable legislation of the State of employment, merely because that State has not signed a reciprocity agreement with their State of origin. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 61 | Aug 19, 2019 | Paragraph | Article 25, paragraph 1 (b), of the Convention provides that laws and regulations on the minimum age of employment shall equally apply to migrant children. The minimum age shall not be less than 15 years, in accordance with article 2 of ILO Convention No. 138 (1973) concerning Minimum Age for Admission to Employment. Furthermore, in accordance with article 11 of the Convention, States parties are obliged to ensure that child migrant workers shall be protected from any form of slavery, prostitution or work that would jeopardize their education, safety, morals and health, such as long hours of work. States parties must protect child migrant workers from violence and ensure their rights to education, leisure and occupational health. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 58 | Aug 19, 2019 | Paragraph | Article 22, paragraph 9, complements article 22, paragraph 6, and article 25, paragraph 3, stating that migrant workers and family members should not be deprived of their acquired rights, such as the right to receive wages and "other entitlements," including social security benefits or reimbursement of contributions made with respect to such benefits. States parties should therefore ensure that migrant workers and members of their families have access to information on the amount of their accrued social security benefits prior to their expulsion. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2013 |