Rights of migrant workers in an irregular situation and members of their families 2013, para. 67
Párrafo- Paragraph text
- With respect to social security, article 27, paragraph 1, of the Convention provides that all migrant workers and members of their families shall have the right to the same treatment granted to nationals of the State of employment, insofar as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. When a State party enacts legislation providing for the payment of a social benefit, whether conditional or not on the prior payment of contributions, and if the migrant worker concerned fulfils the requirements provided for in such legislation, it cannot arbitrarily exclude him or her from that benefit or limit his or her access to such benefit, as the prohibition of discrimination applies to the right to social security. Accordingly, any distinction based on nationality or migration status must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and be proportionate to the legitimate aim pursued. While States parties enjoy a certain margin of discretion in assessing whether and to what extent differences in otherwise similar situations justify different treatment, they must explain how such different treatment, based exclusively on nationality or migration status, is compatible with articles 7 and 27.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Tipo de párrafo
- Other
- Reference
- CMW General Comment No. 2, Rights of migrant workers in an irregular situation and members of their families (2013), para. 67.
- Paragraph number
- 67
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Fecha de adición
91 conexiones, 91 Entidades