Rights of migrant workers in an irregular situation and members of their families 2013, para. 23
Paragraphe- Paragraph text
- Article 16 protects the right of migrant workers and members of their families to liberty and security of person (para. 1), and provides that identity controls of migrant workers must comply with the procedure established by law (para. 3). Article 16, paragraph 4, complements article 9, paragraph 1, of the International Covenant on Civil and Political Rights, adding that migrant workers and members of their families shall not be subjected "individually or collectively" to arbitrary arrest or detention. In order not to be arbitrary, arrest and detention of migrant workers and members of their families, including those in an irregular situation, must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances and proportionate to the legitimate aim pursued.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Type de paragraphe
- Other
- Reference
- CMW General Comment No. 2, Rights of migrant workers in an irregular situation and members of their families (2013), para. 23.
- Paragraph number
- 23
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Date added
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