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The right to sexual and reproductive health (Art. 12) 2016, para. 9
- Paragraph text
- The realization of the right to sexual and reproductive health requires that States parties also meet their obligations under other provisions of the Covenant. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2 (2) and 3), entails a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate. The right to sexual and reproductive health, combined with the right to work (article 6) and just and favourable working conditions (article 7), as well as the right to non discrimination and equality between men and women, also requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities, as well as protection from sexual harassment in the workplace and prohibition of discrimination based on pregnancy, childbirth, parenthood, sexual orientation, gender identity or intersex status.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Health
- Personas afectadas
- Men
- Persons on the move
- Women
- Año
- 2016
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Equality in marriage and family relations 1994, para. 10
- Paragraph text
- Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Personas afectadas
- Children
- Families
- Men
- Persons on the move
- Women
- Año
- 1994
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 64
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of rural women 2016, para. 89
- Paragraph text
- For example, many migrant women workers in developed countries are employed in agriculture and often face serious violations of their human rights, including violence, exploitation and denial of access to services, including health care. In addition, the move to industrial farming in many developed countries has tended to marginalize small farmers, having a disproportionate impact on rural women. There is therefore a need to facilitate and support alternative and gender responsive agricultural development programmes that enable small-scale women producers to participate in and benefit from agriculture and rural development. In addition, while rural communities in developed countries may often be well connected to social services and have access to transportation infrastructure, water, sanitation, technology, education and health-care systems, among others, the situation is not equal across all rural communities. In many places, such access is noticeably lacking, and women living within those rural communities experience not only the deprivation of such rights but also an increased burden of care work as a result. This holds particularly true in peripheral or remote rural communities, including indigenous ones, which are isolated and tend to have higher levels of poverty.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Gender
- Poverty
- Water & Sanitation
- Personas afectadas
- Persons on the move
- Women
- Año
- 2016
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of rural women 2016, para. 2
- Paragraph text
- Article 14 is the only provision in an international human rights treaty that specifically pertains to rural women. However, all rights under the Convention apply to rural women, and article 14 must be interpreted in the context of the Convention as a whole. When reporting, States parties should address all articles that have bearing on the enjoyment of rights by rural women and girls. Accordingly, the present general recommendation explores the links between article 14 and other Convention provisions. As many of the Sustainable Development Goals address the situation of rural women and provide an important opportunity to advance both process and outcome indicators, the specific intent of the present general recommendation is to provide guidance to States parties on the implementation of their obligations with respect to rural women. While general recommendation No. 34 focuses on rural women in developing countries, some of its components also pertain to the situation of rural women in developed countries. It is recognized that rural women, even in developed countries, suffer discrimination and challenges in various areas, including economic empowerment, participation in political and public life, access to services and the labour exploitation of rural migrant women workers.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Gender
- Personas afectadas
- Girls
- Persons on the move
- Women
- Año
- 2016
- Fecha de adición
- 19 de ago. de 2019
Párrafo
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 9
- Paragraph text
- Certain segments of the population face a greater risk of suffering intersectional and multiple discrimination. For instance, investment-linked evictions and displacements often result in physical and sexual violence against, and inadequate compensation and additional burdens related to resettlement for, women and girls. In the course of such investment-linked evictions and displacements, indigenous women and girls face discrimination both due to their gender and because they identify as indigenous people. In addition, women are overrepresented in the informal economy and are less likely to enjoy labour-related and social security protections. Furthermore, despite some improvement, women continue to be underrepresented in corporate decision-making processes worldwide. The Committee therefore recommends that States parties address the specific impacts of business activities on women and girls, including indigenous women and girls, and incorporate a gender perspective into all measures to regulate business activities that may adversely affect economic, social and cultural rights, including by consulting the Guidance on National Action Plans on Business and Human Rights. States parties should also take appropriate steps, including through temporary special measures, to improve women’s representation in the labour market, including at the upper echelons of the corporate hierarchy.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personas afectadas
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 65
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 63
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 55
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 36
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 32c
- Paragraph text
- [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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 32a
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 27b
- 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:] 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 26c
- 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.]: The physical and social isolation of workers blocks individual and collective action;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 25
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 6
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Women migrant workers 2008, para. 27b (i)
- Paragraph text
- [Measures that are required include but are not limited to the following:] [Best practices and sharing of information, as follows:] States parties are also encouraged to share their experience of best practices and relevant information to promote the full protection of the rights of women migrant workers (article 3);
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Women migrant workers 2008, para. 27a
- Paragraph text
- [Measures that are required include but are not limited to the following:] Bilateral and regional agreements: States parties who are sending or receiving and transit countries should enter into bilateral or regional agreements or memorandums of understanding protecting the rights of women migrant workers as elaborated in this general recommendation (article 3);
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Women migrant workers 2008, para. 24h
- Paragraph text
- [Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following:] Facilitating the right to return: States parties should ensure that women who wish to return to their countries of origin are able to do so free of coercion and abuse (article 3);
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Women migrant workers 2008, para. 24e
- Paragraph text
- [Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following:] Travel documents: States parties should ensure that women have equal and independent access to travel documents (article 2 (d));
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Women migrant workers 2008, para. 24c (ii)
- Paragraph text
- [Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following:] [Regulations and monitoring systems, as follows:] States parties should also implement accreditation programmes to ensure good practices among recruitment agencies (article 2 (e));
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Women
- Año
- 2008
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 53
- Paragraph text
- 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).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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
- Paragraph text
- [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;
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 35
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 28b
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Migrant domestic workers 2011, para. 28a
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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
- Paragraph text
- 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.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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
- Paragraph text
- 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.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
- Fecha de adición
- 19 de ago. de 2019
Párrafo