Consejos de búsqueda
ordenados por
30 listados de 339 Entidades
Migrant domestic workers 2011, para. 41
- Paragraph text
- States parties should include provisions for monitoring mechanisms of the working conditions of migrant domestic workers in national legislation and strengthen labour inspection services to carry out such monitoring and to receive, investigate and address complaints of alleged violations.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 45
- Paragraph text
- The right to organize and to engage in collective bargaining is essential for migrant domestic workers to express their needs and defend their rights, in particular through trade unions (articles 26 and 40) and labour organizations.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 13b
- Paragraph text
- [In the workplace, many are subjected to abusive working conditions, including:] Excessive and often undefined working hours. Especially for migrant live-in domestic workers, there is often an express or implied expectation of total availability, where the worker can be called on to work at any time;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 29
- Paragraph text
- Under article 16, paragraph 6, the guarantees of certain rights of migrant workers and members of their families in custody and pretrial detention are applicable to anyone suspected of committing or having committed a crime.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Migrant domestic workers 2011, para. 26a
- Paragraph text
- [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.]: Workplaces are unseen, behind closed doors and out of the public eye;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 27a
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 8
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 42
- Paragraph text
- 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).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 30b
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Training for specific types of work, including key job skills where appropriate; and
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 56
- Paragraph text
- Article 22, paragraph 7, provides for migrant workers and members of their families who are subject to an expulsion decision to seek entry into a State other than their State of origin, without prejudice to the execution of the expulsion decision. The exercise of this choice on the part of the migrant worker and family members is subject to the consent of the third State.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Migrant domestic workers 2011, para. 50
- Paragraph text
- In order to ensure effective access to justice and remedies for all migrant domestic workers, the Committee considers that migrant domestic workers should be able to access courts and other justice mechanisms without fear of being deported as a consequence, and that migrant domestic workers should have access to temporary shelter when needed due to the abusive circumstances of their employment. States parties are encouraged to consider time-bound or expedited legal proceedings to address complaints by migrant domestic workers. Moreover, States parties are encouraged to enter into bilateral agreements in order to ensure that migrants who return to their country of origin may have access to justice in the country of employment, including to complain about abuse and to claim unpaid wages and benefits.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 8
- Paragraph text
- The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.
- 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
Párrafo
Migrant domestic workers 2011, para. 62d (i)
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] Actual country and employment conditions;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 74
- Paragraph text
- Article 28 prohibits the refusal of such medical care to migrant workers because of an irregularity with regard to their stay and employment. States parties should not use health care as an instrument of immigration control, which would effectively prevent migrant workers in an irregular situation from contacting public health care providers out of fear of deportation. Toward this end, States parties shall not require public health institutions to report or otherwise share data on the migration status of a patient to immigration authorities, and health care providers should also not be required to do so. Moreover, States parties shall not conduct immigration enforcement operations on or near facilities providing medical care, as this would limit migrant workers and members of their families from accessing such care.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 73
- Paragraph text
- The Committee considers that access to urgent medical care must be ensured to all migrant workers on the basis of equality of treatment with nationals and thus on a non-discriminatory basis. Although medical care need not necessarily be free of charge, equality of treatment requires that the same rules for payment of fees or exemption from payment apply to migrant workers and members of their families as to nationals. States parties should prohibit the charging of excessive fees from migrant workers in an irregular situation or requiring immediate payment or proof of payment before the service is delivered. Urgent medical care should never be withheld due to the inability to pay. States parties should also ensure that migrant workers and members of their families are provided with information on the medical care provided and information about their health rights. States parties should also ensure that doctors and health professionals are provided with culturally sensitive training regarding health care for migrant workers and members of their families.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 78
- Paragraph text
- While noting that the obligation of the State of employment to endeavour to facilitate the teaching of the mother tongue and culture is explicitly accorded to the children of migrant workers in a regular situation pursuant to article 45, paragraph 3, of the Convention, the Committee emphasizes that the right to respect for one's cultural identity (art. 31) belongs to all migrant workers and members of their families, including children. Considering these two provisions together, along with article 29, paragraph 1 (c), of the Convention on the Rights of the Child, which applies to all children, the Committee is of the view that States parties should also ensure access for children of migrant workers in an irregular situation to mother-tongue instruction if already available to children of migrant workers who are documented as having the same mother tongue.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2013
Párrafo
Migrant domestic workers 2011, para. 2
- Paragraph text
- Noting the omission of express references to either domestic work or domestic workers in a broad range of national and international frameworks of law, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to as the Committee), at its eleventh session in October 2009, resolved to issue a general comment in order to provide States with guidance on how to implement their obligations under the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Families (hereinafter referred to as the Convention) with respect to migrant domestic workers. The Committee organized a Day of General Discussion on this subject on 14 October 2009, which generated strong participation by States, international organizations, non-governmental organizations (NGOs) and trade organizations, civil society and migrants, including a number of written perspectives and studies. This general comment draws upon those contributions as well as the Committee's experience in reviewing with States parties their reports on the implementation of the Convention.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 3
- Paragraph text
- As defined by the Convention, the term "migrant worker" refers to any person who "is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national". Accordingly, the Convention expressly provides protection to migrant workers and their family members not only when the migrants are actually working, but "during the entire migration process of migrant workers and members of their families, which comprises preparation for migration, departure, transit and the entire period of stay and remunerated activity in the State of employment as well as return to the State of origin or the State of habitual residence".
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 18
- Paragraph text
- A wide body of international treaties articulate human rights, including labour rights, basic to all human beings, including all workers. In line with other human rights treaties, the protection against abusive and exploitative labour conditions afforded under the Convention extends to all migrant workers, irrespective of their migration status. In this regard, the Committee notes with concern that, at national level, major categories of law often ignore, or explicitly exclude domestic work and workers in ways that contribute to exploitative labour practices and limit avenues for legal redress in cases of violations.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 29b
- Paragraph text
- [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:] Know your obligations orientation to essential aspects of the law and culture of the country of employment;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 30c
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Cross-cultural destination-specific orientation.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 32
- Paragraph text
- Article 16, paragraph 8, provides for the right of all migrant workers and members of their families who are deprived of their liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of their detention. If the court finds that the detention is unlawful, it must order the release of the detained migrant worker. The Committee considers that mandatory detention of migrant workers and members of their families in an irregular situation is incompatible with article 16, paragraph 8, if the possibility of judicial review is confined to a formal assessment of whether the migrant worker concerned entered the State party without a valid entry permit, without the possibility of release if the detention is incompatible with article 16, paragraph 4.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 24
- Paragraph text
- The Committee considers that crossing the border of a country in an unauthorized manner or without proper documentation, or overstaying a permit of stay does not constitute a crime. Criminalizing irregular entry into a country exceeds the legitimate interest of States parties to control and regulate irregular migration, and leads to unnecessary detention. While irregular entry and stay may constitute administrative offences, they are not crimes per se against persons, property or national security.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 33
- Paragraph text
- The Committee considers that anyone arrested and detained solely for immigration purposes should be brought promptly before a judge or other officer authorized by law to exercise judicial power to review the lawfulness of the arrest and/or detention and the continued necessity of such arrest or detention; and to order unconditional release and/or less coercive measures, if warranted. Further reviews of the continued necessity and lawfulness of the detention should be carried out at regular intervals by a judge or other officer authorized by law to exercise judicial power. The burden of proof must rest on the detaining authorities to demonstrate that the presumption in favour of liberty should be displaced. The migrant worker must have access to legal representation and advice, if necessary free of charge, to challenge the lawfulness of detention. Children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2013
Párrafo
Migrant domestic workers 2011, para. 29a
- Paragraph text
- [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:] A comprehensive "know your rights" curriculum, covering both international and national frameworks, using the Convention as a reference;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 30a
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Basic language preparation;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Education
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 38
- Paragraph text
- Accordingly, labour protections in national law should be extended to domestic workers to ensure equal protection under the law, including provisions related to minimum wages, hours of work, days of rest, freedom of association, social security protection, including with respect to maternity, pension rights and health insurance, as well as additional provisions specific to the circumstances of domestic work. In this regard, migrant domestic workers should enjoy treatment not less favourable than that which applies to nationals of the State of employment (article 25).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 20
- Paragraph text
- Article 7 prohibits both direct and indirect discrimination against migrant workers. In line with the jurisprudence of other international human rights mechanisms, indirect discrimination against migrant workers occurs when a law, policy or practice appears neutral at face value, but has a disproportionate impact on their rights. For example, requiring birth certificates for school enrolment may disproportionately affect migrant workers in an irregular situation, who often do not possess, or have been denied, such certificates.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 39
- Paragraph text
- The Committee considers that administrative detention of migrant workers should, as a rule, take place in public establishments. Privately run migrant detention centres pose particular difficulties in terms of monitoring. States parties cannot absolve themselves of their human rights obligations by contracting out the detention of persons to private commercial enterprises. If States parties delegate such functions to private companies, they must ensure respect for the rights of detained migrant workers, as provided for under article 17 of the Convention. States parties must ensure that detention centre personnel are trained in human rights, cultural sensitivity, and age and gender considerations.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 60
- Paragraph text
- Article 11 of the Convention requires States parties to take effective measures against all forms of forced or compulsory labour by migrant workers. This includes debt bondage, passport retention, and illegal confinement, for example. Article 21 obliges States parties to ensure that employers and recruiters do not confiscate or destroy travel or identity documents belonging to migrant workers. States parties should provide training to law enforcement officers, and ensure that occupations dominated by migrant workers, especially women migrant workers, such as domestic work and some forms of entertainment, are protected by labour laws and subject to inspections.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2013
Párrafo