Daffodil International University
Faculty of Humanities and Social Science => Law => Topic started by: shyful on August 01, 2012, 06:34:10 PM
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Basic Human Rights of Migrant Workers
According to the United Nations Convention on the Protection of the Rights of all Migrant Workers and Members of their Families,1990 “a migrant worker is a 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 citizenâ€. In December 1990, the General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Inspired by existing international instruments on human right. The Convention is the most comprehensive international tool for promoting the human rights of migrants. The strength of the Convention lies in enabling all those persons, who qualify as migrant workers under its provisions, to enjoy their human rights regardless of their legal status. As like salient feature of the Convention protects all migrant workers and members of their families, irrespective of their legal status but overall those rights are not identical for undocumented workers.
The rights of migrant workers and members of their families are set forth in the Convention under two main divisions: those applicable to all migrant workers irrespective of their legal status and those applicable to migrant workers in a regular (legal) process:
Basic Human Rights of Migrant Workers and Members of their Families are as follows:
• Freedom of movement to and from their countries of origin (article 8 )
• Right to life (article 9)
• Freedom from torture or cruel, inhuman or degrading treatment or punishment (article 10)
• Freedom from slavery, servitude or forced compulsory labor (article 11)
• Freedom of thought, expression, conscience and religion (articles 12)
• Right to hold public opinions without interference(article 13)
• Right to privacy (article 14)
• Right to property (article 15)
Due Process Rights of Migrant Workers and Members of their Families are as follows:
• Right to a fair and public hearing with all the guarantees of a due process (articles 16-20)
• Right to be provided with necessary legal assistance, interpreters and information in an understood language (article 16)
• Right to liberty and security and freedom from arbitrary arrest or detention (article 16)
• Right to be presumed innocent until proved guilty (article 19)
• Prohibition to be subject to measures of collective expulsion (article 22)
• Right to have recourse to diplomatic or consular assistance and protection (article 23)
• Right to recognition everywhere as a person before the law (article 24)
• Right to equality with nationals before the courts and tribunals (article 18)
Employment Rights of Migrant Workers and Members of their Families are as follows:
• Right of equal treatment with nationals in respect to remuneration and other conditions of work such as overtime, holidays, etc. (article 25)
• Right to join freely any trade union (article 26)
• Right to enjoy the same treatment as nationals regarding social security benefits in so far as they fulfill the legislation requirements (articles 27)
• Right to emergency medical care (article 28)
Cultural and Economic Rights of Migrant Workers and Members of their Families are as follows:
• Right to a name, registration of birth and nationality of new born baby of migrant workers (article 29)
• Right of access to education of children and members of their families(article 30)
• Right to preserve a cultural identity (article 31)
• Right to transfer earnings and savings upon the termination of their stay in the State of employment (article 32)
• Right to information by the State of origin, State of employment, or the State of transit of their rights arising from the present Convention, the conditions of their admission, and their rights and obligations in those States (article 33)
References
Migration Policy Practice, IOM Publication. (Volume II, Number 3, June-July 2012)
http://www.unesco.org/new/en/social-and-human-sciences/themes/international-migration/international-migration-convention/
http://unesdoc.unesco.org/images/0014/001435/143557e.pdf
http://www.iom.int/jahia/jsp/index.jsp