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International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
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PREAMBLE
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]
... Taking into
account
the
principles
embodied in the basic
instruments
of the
United Nations
concerning
human rights
, in particular the
Universal Declaration of Human Rights
, the
International Covenant on Economic, Social and Cultural Rights
, the
International Covenant on Civil and Political Rights
, the
International Convention
on the
Elimination
of All Forms of
Racial
Discrimination
, the
Convention
on the
Elimination
of All Forms of
Discrimination against Women
and the
Convention on the Rights of the Child
, ...
... Taking into
account
also the
principles
and standards set forth in the
relevant
instruments
elaborated within the
framework
of the
International Labour Organisation
, especially the
Convention
concerning
Migration
for
Employment
(No. 97), the
Convention
concerning
Migrations
in Abusive
Conditions
and the
Promotion
of
Equality
of
Opportunity
and
Treatment
of
Migrant Workers
(No.143), the
Recommendation
concerning
Migration
for
Employment
(No. 86), the
Recommendation
concerning
Migrant Workers
(No.151), the
Convention
concerning
Forced or
Compulsory Labour
(No. 29) and the
Convention
concerning
Abolition
of
Forced Labour
(No. 105), ...
... Taking into
account
the
fact
that
migration
is often the cause of
serious
problems
for the
members
of the
families
of
migrant workers
as well as for the workers themselves, in particular because of the scattering of the
family
, ...
ARTICLE-18
[
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... 4. In the
case
of
juvenile
persons
, the
procedure
shall be such as will take
account
of their
age
and the
desirability
of
promoting
their
rehabilitation
. ...
ARTICLE-19
[
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]
... 1. No
migrant worker
or
member
of his or her
family
shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
that did not
constitute
a
criminal offence
under
national
or
international law
at the
time
when the
criminal offence
was committed, nor shall a heavier
penalty
be imposed than the one that was applicable at the
time
when it was committed. If,
subsequent
to the
commission
of the
offence
,
provision
is made by
law
for the
imposition
of a lighter
penalty
, he or she shall
benefit
thereby. ...
... 2.
Humanitarian
considerations
related to the
status
of a
migrant worker
, in particular with
respect
to his or her
right
of
residence
or
work
, should be taken into
account
in imposing a
sentence
for a
criminal offence
committed by a
migrant worker
or a
member
of his or her
family
. ...
ARTICLE-22
[
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]
... 3. The
decision
shall be
communicated
to them in a
language
they understand. Upon their
request
where not otherwise mandatory, the
decision
shall be
communicated
to them in
writing
and, save in
exceptional
circumstances
on
account
of
national security
, the
reasons
for the
decision
likewise stated. The
persons
concerned
shall be informed of these
rights
before or at the latest at the
time
the
decision
is rendered. ...
ARTICLE-38
[
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]
... 1.
States
of
employment
shall make every effort to
authorize
migrant workers
and
members
of the
families
to be temporarily absent without
effect
upon their
authorization
to stay or to
work
, as the
case
may be. In doing so,
States
of
employment
shall take into
account
the
special
needs and
obligations
of
migrant workers
and
members
of their
families
, in particular in their
States
of
origin
. ...
ARTICLE-42
[
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]
... 1.
States Parties
shall consider the
establishment
of
procedures
or
institutions
through which
account
may be taken, both in
States
of
origin
and in
States
of
employment
, of
special
needs, aspirations and
obligations
of
migrant workers
and
members
of their
families
and shall envisage, as appropriate, the possibility for
migrant workers
and
members
of their
families
to have their
freely
chosen
representatives
in those
institutions
. ...
ARTICLE-50
[
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]
... 1. In the
case
of
death
of a
migrant worker
or
dissolution
of
marriage
, the
State of employment
shall favourably consider granting
family members
of that
migrant worker
residing in that
State
on the basis of
family
reunion an
authorization
to stay; the
State of employment
shall take into
account
the length of
time
they have already resided in that
State
. ...
ARTICLE-52
[
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]
... 4.
States
of
employment
shall prescribe the
conditions
under which a
migrant worker
who has been admitted to take up
employment
may be
authorized
to engage in
work
on his or her own
account
.
Account
shall be taken of the
period
during which the
worker
has already been lawfully in the
State of employment
. ...
... 4.
States
of
employment
shall prescribe the
conditions
under which a
migrant worker
who has been admitted to take up
employment
may be
authorized
to engage in
work
on his or her own
account
.
Account
shall be taken of the
period
during which the
worker
has already been lawfully in the
State of employment
. ...
ARTICLE-56
[
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]
... 3. In considering whether to
expel
a
migrant worker
or a
member
of his or her
family
,
account
should be taken of
humanitarian
considerations
and of the length of
time
that the
person
concerned
has already resided in the
State of employment
. ...
ARTICLE-58
[
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]
... 1.
Frontier workers
, as defined in article
2
, paragraph 2(a), of the present
Convention
, shall be entitled to the
rights
provided for in part IV that can be applied to them by
reason
of their
presence
and
work
in the
territory
of the
State of employment
, taking into
account
that they do not have their
habitual residence
in that
State
. ...
ARTICLE-59
[
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]
... 1.
Seasonal workers
, as defined in article
2
, paragraph 2(b), of the present
Convention
, shall be entitled to the
rights
provided for in part IV that can be applied to them by
reason
of their
presence
and
work
in the
territory
of the
State of employment
and that are
compatible
with their
status
in that
State
as
seasonal workers
, taking into
account
the
fact
that they are present in that
State
for only part of the
year
. ...
ARTICLE-69
[
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]
... 2. Whenever
States Parties
concerned
consider the possibility of regularizing the
situation
of such
persons
in
accordance
with applicable
national legislation
and
bilateral
or
multilateral agreements
, appropriate
account
shall be taken of the
circumstances
of their
entry
, the
duration
of their stay in the
States
of
employment
and other
relevant
considerations
, in particular those relating to their
family
situation
. ...
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