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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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establish
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PREAMBLE
[
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]
... Aware of the
impact
of the flows of
migrant workers
on
States
and
people
concerned
, and desiring to
establish
norms
which may
contribute
to the
harmonization
of the attitudes of
States
through the
acceptance
of basic
principles
concerning
the
treatment
of
migrant workers
and
members
of their
families
, ...
... Considering also that
recourse
to the
employment
of
migrant workers
who are in an
irregular situation
will be discouraged if the
fundamental
human rights
of all
migrant workers
are more widely recognized and, moreover, that granting certain additional
rights
to
migrant workers
and
members
of their
families
in a
regular situation
will
encourage
all
migrants
and
employers
to
respect
and comply with the
laws
and
procedures
established
by the
States
concerned
, ...
... Convinced, therefore, of the need to bring about the
international
protection
of the
rights
of all
migrant workers
and
members
of their
families
,
reaffirming
and
establishing
basic
norms
in a comprehensive
convention
which could be applied universally, ...
ARTICLE-16
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... 3. Any
verification
by
law enforcement officials
of the
identity
of
migrant workers
or
members
of their
families
shall be carried out in
accordance
with
procedure
established
by
law
. ...
... 4.
Migrant workers
and
members
of their
families
shall not be subjected individually or
collectively
to
arbitrary arrest
or
detention
; they shall not be
deprived
o their
liberty
except on such grounds and in
accordance
with such
procedures
as are
established
by
law
. ...
ARTICLE-18
[
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]
... 1.
Migrant workers
and
members
of their
families
shall have the
right
to
equality
with
nationals
of the
State
concerned
before the
courts
and
tribunals
. In the
determination
of any
criminal charge
against them or of their
rights
and
obligations
in a
suit
of
law
, they shall be entitled to a
fair
and
public hearing
by a
competent
,
independent
and
impartial
tribunal
established
by
law
. ...
ARTICLE-26
[
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]
... (a) To take part in
meetings
and
activities
of
trade unions
and of any other
associations
established
in
accordance
with
law
, with a
view
to
protecting
their
economic
,
social
,
cultural
and other
interests
,
subject
only to the
rules
of the
organization
concerned
; ...
ARTICLE-27
[
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]
... 1. With
respect
to
social security
,
migrant workers
and
members
of their
families
shall enjoy in the
State of employment
the same
treatment
granted
to
nationals
in so far as they fulfil the
requirements
provided for by the applicable
legislation
of that
State
and the applicable
bilateral
and
multilateral treaties
. The
competent authorities
of the
State of origin
and the
State of employment
can at any
time
establish
the necessary
arrangements
to determine the
modalities
of
application
of this
norm
. ...
ARTICLE-43
[
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]
... 3.
States
of
employment
shall not
prevent
an
employer
of
migrant workers
from
establishing
housing
or
social
or
cultural
facilities
for them.
Subject
to
article
70
of the present
Convention
, a
State of employment
may make the
establishment
of such
facilities
subject
to the
requirements
generally applied in that
State
concerning
their
installation
. ...
ARTICLE-47
[
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]
... 1.
Migrant workers
shall have the
right
to
transfer
their
earnings
and
savings
, in particular those
funds
necessary for the
support
of their
families
, from the
State of employment
to their
State of origin
or any other
State
. Such
transfers
shall be made in
conformity
with
procedures
established
by applicable
legislation
of the
State
concerned
and in
conformity
with applicable
international agreements
. ...
ARTICLE-56
[
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]
... 1.
Migrant workers
and
members
of their
families
referred to in the present part of the
Convention
may not be
expelled
from a
State of employment
, except for
reasons
defined in the
national legislation
of that
State
, and
subject
to the
safeguards
established
in part III. ...
ARTICLE-66
[
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]
... (c) A
body
established
by
virtue
of a
bilateral
or
multilateral agreement
. ...
... 2.
Subject
to any
authorization
,
approval
and
supervision
by the
public authorities
of the
States Parties
concerned
as may be
established
pursuant to the
legislation
and
practice
of those
States
,
agencies
, prospective
employers
or
persons
acting on their behalf may also be permitted to
undertake
the said
operations
. ...
ARTICLE-72
[
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]
... (a) For the
purpose
of reviewing the
application
of the present
Convention
, there shall be
established
a
Committee
on the
Protection
of the
Rights
of All
Migrant Workers
and
Members
of Their
Families
(hereinafter referred to as ''the
Committee
"); ...
ARTICLE-77
[
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]
... 1. A
State Party
to the present
Convention
may at any
time
declare
under the present
article
that it recognizes the
competence
of the
Committee
to
receive
and consider communications from or on behalf of
individuals
subject
to its
jurisdiction
who
claim
that their
individual
rights
as
established
by the present
Convention
have been
violated
by that
State Party
. No
communication
shall be
received
by the
Committee
if it
concerns
a
State Party
that has not made such a
declaration
. ...
ARTICLE-79
[
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]
... Nothing in the present
Convention
shall
affect
the
right
of each
State Party
to
establish
the
criteria
governing
admission
of
migrant workers
and
members
of their
families
.
Concerning
other matters related to their
legal
situation
and
treatment
as
migrant workers
and
members
of their
families
,
States Parties
shall be
subject
to the
limitations
set forth in the present
Convention
. ...
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