Human r ights of all migr ant wor ker s and member s of their

PART III Human r ights of all migr ant wor ker s and member s of their

families Ar ticle 8

1. Migr ant w or ker s and member s of t heir families shall be fr ee t o leave any St at e, including t heir St at e of or igin. This r ight shall not

be subject t o any r est r ict ions except t hose t hat ar e pr ovided by law , ar e necessar y t o pr ot ect nat ional secur it y, public or der ( or dr e public ), public healt h or mor als or t he r ight s and fr eedoms of ot her s and ar e consist ent w it h t he ot her r ight s r ecognized in t he pr esent par t of t he Convent ion.

2. Migr ant w or ker s and member s of t heir families shall have t he r ight at any t ime t o ent er and r emain in t heir St at e of or igin.

Ar ticle 9

The r ight t o life of migr ant w or ker s and member s of t heir families shall be pr ot ect ed by law .

Ar ticle 10

No migr ant w or ker or member of his or her family shall be subject ed t o t ort ur e or t o cr uel, inhuman or degr ading t r eat ment or punishment .

Ar ticle 11

1. No migr ant w or ker or member of his or her family shall be held in slaver y or ser vit ude.

2. No migr ant w or ker or member of his or her family shall be r equir ed t o per for m for ced or compulsor y labour .

3. Par agr aph 2 of t he pr esent ar t icle shall not be held t o pr eclude, in St at es w her e impr isonment w it h har d labour may be imposed as

a punishment for a cr ime, t he per for mance of har d labour in pur suance of a sent ence t o such punishment by a compet ent cour t .

4. For t he pur pose of t he pr esent ar t icle t he t er m "for ced or compulsor y labour " shall not include :

(a) Any w or k or ser vice not r efer r ed t o in par agr aph 3 of t he pr esent ar t icle nor mally r equir ed of a per son w ho is under det ention in consequence of a law ful or der of a cour t or of a per son dur ing condit ional r elease fr om such det ent ion;

(b) Any ser vice exact ed in cases of emer gency or calamit y t hr eat ening t he life or w ell-being of t he communit y;

(c) Any w or k or ser vice t hat for ms par t of nor mal civil obligat ions so far as it is imposed also on cit izens of t he St at e concer ned.

Ar ticle 12

1. Migr ant w or ker s and member s of t heir families shall have t he r ight t o fr eedom of t hought , conscience and r eligion. This r ight shall include fr eedom t o have or t o adopt a r eligion or belief of t heir choice and fr eedom eit her individually or in communit y w it h ot her s and in public or pr ivat e t o manifest t heir r eli gion or belief in w or ship, obser vance, pr act ice and t eaching.

2. Migr ant w or ker s and member s of t heir families shall not be subject t o coer cion t hat w ould impair t heir fr eedom t o have or t o adopt a r eligion or belief of t heir choice.

3. Fr eedom t o manifest one's r eligion or belief may be subject only t o such limit at ions as ar e pr escr ibed by law and ar e necessar y t o pr ot ect public safet y, or der , healt h or mor als or t he fundament al r ight s and fr eedoms of ot her s.

4. St at es Par ties t o t he pr esent Convent ion under take t o have r espect for t he liber t y of par ent s, at least one of w hom is a migr ant w or ker , and, w hen applicable, legal guar dians t o ensur e t he r eligious and mor al educat ion of t heir childr en in confor mit y w it h t heir ow n convict ions.

Ar ticle 13

1. Migr ant w or ker s and member s of t heir families shall have t he r ight t o hold opinions w it hout int er fer ence.

2. Migr ant w or ker s and member s of t heir families shall have t he r ight t o fr eedom of expr ession; t his r ight shall include fr eedom t o seek, r eceive and impar t infor mat ion and ideas of all kinds, r egar dless of fr ont ier s, eit her or ally, in w r iting or in print , in t he for m of ar t or t hr ough any ot her media of t heir choi ce.

3. The exer cise of t he r ight pr ovided for in par agr aph 2 of t he pr esent ar ticle car r ies w it h it special dut ies and r esponsibilit ies. It may t her efor e be subject t o cer t ain r est r ict ions, but t hese shall only be such as ar e pr ovided by law and ar e necessar y :

(a) For r espect of t he r ight s or r eput at ion of ot her s; (b) For t he pr ot ect ion of t he nat ional secur it y of t he St at es

concer ned or of public or der ( or dr e public ) or of public healt h or mor als;

(c) For t he pur pose of pr event ing any pr opaganda for w ar ; (d) For t he pur pose of pr event ing any advocacy of nat ional,

r acial or r eligious hat r ed t hat const it ut es incit ement t o discr iminat ion, host ilit y or violence.

Ar ticle 14

No migr ant w or ker or member of his or her family shall be subject ed t o ar bit r ar y or unlaw ful int er fer ence w it h his or her

Ar ticle 15

No migr ant w or ker or member of his or her family shall be ar bit r ar ily depr ived of pr oper t y, w het her ow ned individually or in associat ion w it h ot her s. Wher e, under t he legislat ion in for ce in t he St at e of employment , t he asset s of a migr ant w or ker or a member of his or her fami ly ar e expr opr iat ed in w hole or in par t , t he per son concer ned shall have t he r ight t o fair and adequat e compensat ion.

Ar ticle 16

1. Migr ant w or ker s and member s of t heir families shall have t he r ight t o liber t y and secur it y of per son.

2. Migr ant w or ker s and member s of t heir families shall be ent it led t o effect ive pr ot ect ion by t he St at e against violence, physical injur y, t hr eat s and int imidat ion, w het her by public officials or by pr ivat e individuals, gr oups or inst it ut ions.

3. Any ver ificat ion by law enfor cement officials of t he ident it y of migr ant w or ker s or member s of t heir families shall be car r ied out in accor dance w it h pr ocedur es est ablished by law .

4. Migr ant w or ker s and member s of t heir families shall not be subject ed individually or collect ively t o ar bit r ar y ar r est or det ention; t hey shall not be depr ived of t heir liber t y except on such gr ounds and in accor dance w it h such pr ocedur es as ar e est ablished by law .

5. Migr ant w or ker s and member s of t heir fami lies w ho ar e ar r est ed shall be infor med at t he t ime of ar r est as far as possible in

a language t hey under st and of t he r easons for t heir ar r est and t hey shall be pr ompt ly infor med in a language t hey under st and of any char ges against t hem.

6. Migr ant w or ker s and member s of t heir fami lies w ho ar e ar r est ed or det ained on a cr iminal char ge shall be br ought pr ompt ly befor e a judge or ot her officer aut hor ized by law t o exer cise judicial pow er and shall be ent it led t o t r ial w it hin a r easonable t ime or t o r elease. It shall not be t he gener al r ule t hat w hile aw ait ing t r ial t hey shall be det ained in cust ody, but r elease may be subject t o guar ant ees t o appear for t r ial, at any ot her st age of t he judicial pr oceedings and, should t he occasion ar ise, for t he execut ion of t he judgement .

7. When a migr ant w or ker or a member of his or her family is ar r est ed or commit t ed t o pr ison or cust ody pending t r ial or is det ained in any ot her manner :

(a) The consular or diplomat ic aut hor it ies of his or her St at e of or igin or of a St at e r epr esenting t he int er est s of t hat St at e shall, if he or she so r equest s, be infor med w it hout delay of his or her ar r est or det ent ion and of t he r easons t her efor ;

(b) The per son concer ned shall have t he r ight t o communicat e w it h t he said aut hor it ies. Any communicat ion by t he per son concer ned t o t he said aut hor it ies shall be for w ar ded w it hout delay, and he or she shall also have t he r ight t o r eceive communicat ions sent by t he said aut hor it ies w it hout delay;

(c) The per son concer ned shall be infor med w it hout delay of t his r ight and of r ight s der iving fr om r elevant t r eat ies, if any, applicable bet w een t he St at es concer ned, t o cor r espond and t o meet w it h r epr esent at ives of t he said aut hor ities and t o make ar r angement s w it h t hem for his or her legal r epr esent at ion.

8. Migr ant w or ker s and member s of t heir fami lies w ho ar e depr ived of t heir liber t y by ar r est or det ent ion shall be ent it led t o t ake pr oceedings befor e a cour t , in or der t hat t hat cour t may decide w it hout delay on t he law fulness of t heir det ention and or der t heir r elease if t he det ent ion is not law ful. When t hey at t end such pr oceedings, t hey shall have t he assist ance, if necessar y w it hout cost t o t hem, of an int er pr et er , if t hey cannot under st and or speak t he language used.

9. Migr ant w or ker s and member s of t heir families w ho have been vict ims of unlaw ful ar r est or det ent ion shall have an enfor ceable r ight t o compensat ion.

Ar ticle 17

1. Migr ant w or ker s and member s of t heir fami lies w ho ar e depr ived of t heir liber t y shall be t r eat ed w it h humanit y and w it h r espect for t he inher ent dignit y of t he human per son and for t heir cult ur al ident it y.

2. Accused migr ant w or ker s and member s of t heir families shall , save in except ional cir cumst ances, be separ at ed fr om convict ed per sons and shall be subject t o separ at e t r eat ment appr opr iat e t o t heir st at us as unconvict ed per sons. Accused juvenile per sons shall

be separ at ed fr om adult s and br ought as speedily as possible for adjudicat ion.

3. Any migr ant w or ker or member of his or her family w ho is det ained in a St at e of t r ansit or in a St at e of employment for violat ion of pr ovisions r elat ing t o migr at ion, shall be held, in so far as pr act icable, separ at ely fr om convict ed per sons or per sons det ained pending t r ial.

4. Dur ing any per iod of impr isonment in pur suance of a sent ence imposed by a cour t of law , t he essent ial aim of t he t r eat ment of a migr ant w or ker or a member of his or her family shall be his or her r efor mat ion and social r ehabilit at ion. Juvenile offender s shall be separ at ed fr om adult s and be accor ded t r eat ment appr opr iat e t o t heir age and legal st at us.

5. Dur ing det ent ion or impr isonment , migr ant w or ker s and member s of t heir families shall enjoy t he same r ight s as nationals t o visits by member s of t heir families.

6. Whenever a migr ant w or ker is depr ived of his or her liber t y, t he compet ent aut hor it ies of t he St at e concer ned shall pay at t ent ion t o t he pr oblems t hat may be posed for member s of his or her family, in par ticular for spouses and minor childr en.

7. Migr ant w or ker s and member s of t heir fami lies w ho ar e subject ed t o any for m of det ent ion or impr isonment in accor dance

8. If a migr ant w or ker or a member of his or her family is det ained for t he pur pose of ver ifying any infr act ion of pr ovisions r elat ed t o migr at ion, he or she shall not bear any cost s ar ising t her efr om.

Ar ticle 18

1. Migr ant w or ker s and member s of t heir families shall have t he r ight t o equalit y w it h nat ionals of t he St at e concer ned befor e t he

cour t s and t r ibunals. In t he det er minat ion of any cr iminal char ge against t hem or of t heir rights and obligat ions in a suit of law , t hey shall be ent it led t o a fair and public hear ing by a compet ent , independent and impar t ial t r ibunal est ablished by law .

2. Migr ant w or ker s and member s of t heir fami lies w ho ar e char ged w it h a cr iminal offence shall have t he r ight t o be pr esumed innocent unt il pr oven guilt y accor ding t o law .

3. In t he det er mination of any cr iminal char ge against t hem, migr ant w or ker s and member s of t heir families shall be ent it led t o t he follow ing minimum guar ant ees :

(a) To be infor med pr ompt ly and in det ail in a language t hey under st and of t he nat ur e and cause of t he char ge against t hem;

(b) To have adequat e t ime and facilit ies for t he pr epar at ion of t heir defence and t o communicat e w it h counsel of t heir ow n choosing;

(c) To be t r ied w it hout undue delay; (d) To be t r ied in t heir pr esence and t o defend t hemselves in

per son or t hr ough legal assist ance of t heir ow n choosing; t o be infor med, if t hey do not have legal assist ance, of t his r ight ; and t o have legal assist ance assigned t o t hem, in any case w her e t he int er ests of just ice so r equir e and w it hout payment by t hem in any such case if t hey do not have sufficient means t o pay;

(e) To examine or have examined t he w it nesses against t hem and t o obt ain t he at t endance and examinat ion of w itnesses on t heir behalf under t he same conditions as w it nesses against t hem;

(f) To have t he fr ee assist ance of an int er pr et er if t hey cannot under st and or speak t he language used in cour t ;

(g) Not t o be compelled t o t estify against t hemselves or t o confess guilt .

4. In t he case of juvenile per sons, t he pr ocedur e shall be such as w ill t ake account of t heir age and t he desir ability of pr omot ing t heir r ehabilit at ion.

5. Migr ant w or ker s and member s of t heir families convict ed of a cr ime shall have t he r ight t o t heir convict ion and sent ence being r eview ed by a higher t r ibunal accor ding t o law .

6. When a migr ant w or ker or a member of his or her family has, by

a final decision, been convict ed of a cr iminal offence and w hen subsequent ly his or her convict ion has been r ever sed or he or she has been par doned on t he gr ound t hat a new or new ly discover ed fact show s conclusively t hat t her e has been a miscar r iage of just ice, t he per son w ho has suffer ed punishment as a r esult of such convict ion shall be compensat ed accor ding t o law , unless it is pr oved t hat t he non-disclosur e of t he unknow n fact in t ime is w holly or par t ly at t r ibut able t o t hat per son.

7. No migr ant w or ker or member of his or her family shall be liable t o be t r ied or punished again for an offence for w hich he or she has alr eady been finally convict ed or acquit t ed in accor dance w it h t he law and penal pr ocedur e of t he St at e concer ned.

Ar ticle 19

1. No migr ant w or ker or member of his or her family shall be held guilt y of any cr iminal offence on account of any act or omission t hat did not const it ut e a cr iminal offence under nat ional or int er national law at t he t ime w hen t he cr iminal offence w as

2. Humanit ar ian consider at ions r elat ed t o t he st at us of a migr ant w or ker , in par t icular w it h r espect t o his or her r ight of r esidence or w or k, should be t aken int o account in imposing a sent ence for a cr iminal offence commit t ed by a migr ant w or ker or a member of his or her family.

Ar ticle 20

1. No migr ant w or ker or member of his or her family shall be impr isoned mer ely on t he gr ound of failur e t o fulfil a cont r act ual obligat ion.

2. No migr ant w or ker or member of his or her family shall be depr ived of his or her aut hor izat ion of r esidence or w or k per mit or expelled mer ely on t he gr ound of failur e t o fulfi l an obligat ion ar ising out of a w or k cont r act unless fulfilment of t hat obligat ion const it ut es a condition for such aut hor izat ion or per mit .

Ar ticle 21

It shall be unlaw ful for anyone, ot her t han a public official duly aut hor ized by law , t o confiscat e, dest r oy or at t empt t o dest r oy identit y document s, document s aut hor izing entr y t o or st ay, r esidence or est ablishment in t he nat ional t er rit or y or w or k per mit s. No aut hor ized confiscat ion of such document s shall t ake place w it hout deliver y of a det ailed r eceipt . In no case shall it be per mit t ed t o dest r oy t he passpor t or equivalent document of a migr ant w or ker or a member of his or her family.

Ar ticle 22

1. Migr ant w or ker s and member s of t heir families shall not be subject t o measur es of collect ive expulsion. Each case of expulsion shall be examined and decided individually.

2. Migr ant w or ker s and member s of t heir families may be expelled fr om t he t er r it or y of a St at e Par t y only in pur suance of a decision t aken by t he compet ent aut hor it y in accor dance w ith law .

3. The decision shall be communicat ed t o t hem in a language t hey under st and. Upon t heir r equest w her e not ot her w ise mandat or y, t he decision shall be communicat ed t o t hem in w r it ing and, save in except ional cir cumst ances on account of nat ional secur it y, t he r easons for t he decision likew ise st at ed. The per sons concer ned shall be infor med of t hese r ight s befor e or at t he lat est at t he time t he decision is r ender ed.

4. Except w her e a final decision is pr onounced by a judicial aut hor it y, t he per son concer ned shall have t he r ight t o submit t he r eason he or she should not be expelled and t o have his or her case r eview ed by t he compet ent aut hor it y, unless compelling r easons of nat ional secur it y r equir e ot her w ise. Pending such r eview , t he per son concer ned shall have t he r ight t o seek a st ay of t he decision of expulsion.

5. If a decision of expulsion t hat has alr eady been execut ed is subsequent ly annulled, t he per son concer ned shall have t he r ight t o seek compensat ion accor ding t o law and t he ear lier decision shall not be used t o pr event him or her fr om r e-ent er ing t he St at e concer ned.

6. In case of expulsion, t he per son concer ned shall have a r easonable oppor t unit y befor e or aft er depart ur e t o set t le any claims for w ages and ot her ent it lement s due t o him or her and any pending liabilit ies.

7. Wit hout pr ejudice t o t he execut ion of a decision of expulsion, a migr ant w or ker or a member of his or her family w ho is subject t o such a decision may seek ent r y int o a St at e ot her t han his or her St at e of or igin.

8. In case of expulsion of a migr ant w or ker or a member of his or her family t he cost s of expulsion shall not be bor ne by him or her . The per son concer ned may be r equir ed t o pay his or her ow n t r avel cost s.

9. Expulsion fr om t he St at e of employment shall not in itself pr ejudice any r ight s of a migr ant w or ker or a member of his or her family acquir ed in accor dance w it h t he law of t hat St at e, including t he r ight t o r eceive w ages and ot her ent it lement s due t o him or her .

Ar ticle 23

Migr ant w or ker s and member s of t heir families shall have t he r ight t o have r ecour se t o t he pr ot ect ion and assist ance of t he consular or diplomat ic aut hor it ies of t heir St at e of or igin or of a St at e r epr esent ing t he int er est s of t hat St at e w henever t he r ight s r ecognized in t he pr esent Convent ion ar e impair ed. In par t icular , in case of expulsion, t he per son concer ned shall be infor med of t his r ight w it hout delay and t he aut hor it ies of t he expelling St at e shall facilit at e t he exer cise of such r ight .

Ar ticle 24

Ever y migr ant w or ker and ever y member of his or her family shall have t he r ight t o r ecognit ion ever yw her e as a per son befor e t he law .

Ar ticle 25

1. Migr ant w or ker s shall enjoy t r eat ment not less favour able t han t hat w hich applies t o nat ionals of t he St at e of employment in r espect of r emuner at ion and :

(a) Ot her conditions of w or k, t hat is t o say, over t ime, hour s of w or k, w eekly r est , holidays w it h pay, safet y, healt h, t er minat ion of t he employment r elat ionship and any ot her conditions of w or k w hich, accor ding t o national law and pr act ice, ar e cover ed by t his t er m;

(b) Ot her t er ms of employment , t hat is t o say, minimum age of employment , r est r ict ion on home w or k and any other mat t er s w hich, accor ding t o national law and pr act ice, ar e consider ed a t er m of employment .

2. It shall not be law ful t o der ogat e in pr ivat e cont r act s of employment fr om t he pr inciple of equalit y of t r eat ment r efer r ed t o in par agr aph 1 of t he pr esent ar t icle.

3. St at es Par t ies shall t ake all appr opr iat e measur es t o ensur e t hat migr ant w or ker s ar e not depr ived of any r ight s der ived fr om t his pr inciple by r eason of any ir r egular it y in t heir st ay or employment . In par t icular , employer s shall not be r eli eved of any legal or cont r act ual obligat ions, nor shall t heir obligat ions be limit ed in any manner by r eason of such ir r egular it y.

Ar ticle 26

1. St at es Par t ies r ecognize t he r ight of migr ant w or ker s and member s of t heir fami lies :

(a) To t ake par t in meet ings and act ivit ies of t r ade unions and of any ot her associat ions est ablished in accor dance w it h law , w it h a view t o pr ot ect ing t heir economic, social, cult ur al and ot her int er est s, subject only t o t he r ules of t he or ganizat ion concer ned;

(b) To join fr eely any t r ade union and any such associat ion as afor esaid, subject only t o t he r ules of t he or ganizat ion concer ned;

(c) To seek t he aid and assist ance of any t r ade union and of any such associat ion as afor esaid.

2. No r est r ict ions may be placed on t he exer cise of t hese r ight s ot her t han t hose t hat ar e pr escr ibed by law and w hich ar e necessar y in a democr at ic societ y in t he int er est s of nat ional secur it y, public or der (or dr e public) or t he pr ot ect ion of t he r ight s and fr eedoms of ot her s.

Ar ticle 27

1. Wit h r espect t o social secur it y, migr ant w or ker s and member s of t heir families shall enjoy in t he St at e of employment t he same t r eat ment gr ant ed t o nat ionals in so far as t hey fulfil t he

2. Wher e t he applicable legislat ion does not allow migr ant w or ker s and member s of t heir families a benefit , t he St at es concer ned shall examine t he possibilit y of r eimbur sing int er est ed per sons t he amount of cont r ibut ions made by t hem w it h r espect t o t hat benefit on t he basis of t he t r eat ment gr ant ed to nat ionals w ho ar e in similar cir cumst ances.

Ar ticle 28

Migr ant w or ker s and member s of t heir families shall have t he r ight t o r eceive any medical car e t hat is ur gent ly r equir ed for t he pr eser vat ion of t heir life or t he avoidance of ir r epar able har m t o t heir healt h on t he basis of equalit y of t r eat ment w it h nat ionals of t he St at e concer ned. Such emer gency medical car e shall not be r efused t hem by r eason of any ir r egular it y w it h r egar d t o st ay or employment .

Ar ticle 29

Each child of a migr ant w or ker shall have t he r ight t o a name, t o r egist r ation of bir t h and t o a nat ionalit y.

Ar ticle 30

Each child of a migr ant w or ker shall have t he basic r ight of access t o educat ion on t he basis of equalit y of t r eat ment w it h nationals of t he St at e concer ned. Access t o public pr e-school educat ional instit utions or schools shall not be r efused or limit ed by r eason of t he ir r egular sit uat ion w it h r espect t o st ay or employment of eit her par ent or by r eason of t he ir r egular it y of t he child's st ay in t he St at e of employment .

Ar ticle 31

1. St at es Par t ies shall ensur e r espect for t he cult ur al ident it y of migr ant w or ker s and member s of t heir families and shall not

2. St at es Par t ies may t ake appr opr iat e measur es t o assist and encour age effor t s in t his r espect .

Ar ticle 32

Upon t he t er minat ion of t heir st ay in t he St at e of employment , migr ant w or ker s and member s of t heir families shall have t he r ight t o t r ansfer t heir ear nings and savings and, in accor dance w it h t he applicable legislat ion of t he St at es concer ned, t heir per sonal effect s and belongings.

Ar ticle 33

1. Migr ant w or ker s and member s of t heir families shall have t he r ight t o be infor med by t he St at e of or igin, t he St at e of employment or t he St at e of t r ansit as t he case may be concer ning :

(a) Their r ight s ar ising out of t he pr esent Convent ion; (b) The condit ions of t heir admission, t heir r ight s and

obligat ions under t he law and pr act ice of t he St ate concer ned and such ot her mat t er s as w ill enable t hem t o comply w it h administ r at ive or ot her for malit ies in t hat St at e.

2. St at es Par t ies shall t ake all measur es t hey deem appr opr iat e t o disseminat e t he said infor mat ion or t o ensur e t hat it is pr ovided by employer s, t r ade unions or ot her appr opr iat e bodies or instit utions. As appr opriat e, t hey shall co-oper at e w it h ot her St at es concer ned.

3. Such adequat e infor mat ion shall be pr ovided upon r equest t o migr ant w or ker s and member s of t heir fami lies, fr ee of char ge, and, as far as possible, in a language t hey ar e able t o under stand.

Ar ticle 34

Not hing in t he pr esent par t of t he Convent ion shall have t he effect of r elieving migr ant w or ker s and t he member s of t heir families fr om eit her t he obligat ion t o comply w it h t he law s and r egulat ions

Ar ticle 35

Not hing in t he pr esent part of t he Convent ion shall be int er pr et ed as implying t he r egular izat ion of t he sit uat ion of migr ant w or ker s or member s of t heir families w ho ar e non-document ed or in an ir r egular sit uat ion or any r ight t o such r egular izat ion of t heir sit uat ion, nor shall it pr ejudice t he measur es int ended t o ensur e sound and equit able-condit ions for int er nat ional migr at ion as pr ovided in par t VI of t he pr esent Convent ion.