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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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irregularity
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... Bearing in
mind
that the
human
problems
involved in
migration
are even more
serious
in the
case
of
irregular
migration
and convinced therefore that appropriate
action
should be
encouraged
in
order
to
prevent
and
eliminate
clandestine
movements
and trafficking in
migrant workers
, while at the same
time
assuring
the
protection
of their
fundamental
human rights
, ...
... Considering that workers who are non-
documented
or in an
irregular situation
are frequently employed under less
favourable
conditions of work
than other workers and that certain
employers
find
this an inducement to
seek
such
labour
in
order
to reap the
benefits
of unfair
competition
, ...
... 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
, ...
ARTICLE-5
[
go to this ARTICLE
]
... (b) Are considered as non-
documented
or in an
irregular situation
if they do not comply with the
conditions
provided for in subparagraph (a) of the present
article
. ...
ARTICLE-25
[
go to this ARTICLE
]
... 3.
States Parties
shall take all appropriate
measures
to ensure that
migrant workers
are not
deprived
of any
rights
derived from this
principle
by
reason
of any
irregularity
in their stay or
employment
. In particular,
employers
shall not be relieved of any
legal
or
contractual obligations
, nor shall their
obligations
be limited in any
manner
by
reason
of such
irregularity
. ...
... 3.
States Parties
shall take all appropriate
measures
to ensure that
migrant workers
are not
deprived
of any
rights
derived from this
principle
by
reason
of any
irregularity
in their stay or
employment
. In particular,
employers
shall not be relieved of any
legal
or
contractual obligations
, nor shall their
obligations
be limited in any
manner
by
reason
of such
irregularity
. ...
ARTICLE-28
[
go to this ARTICLE
]
...
Migrant workers
and
members
of their
families
shall have the
right
to
receive
any
medical care
that is urgently required for the
preservation
of their
life
or the avoidance of irreparable
harm
to their
health
on the basis of
equality of treatment
with
nationals
of the
State
concerned
. Such
emergency
medical care
shall not be refused them by
reason
of any
irregularity
with
regard
to stay or
employment
. ...
ARTICLE-30
[
go to this ARTICLE
]
... Each
child
of a
migrant worker
shall have the basic
right of access
to
education
on the basis of
equality of treatment
with
nationals
of the
State
concerned
.
Access
to
public
pre-
school
educational institutions
or
schools
shall not be refused or limited by
reason
of the
irregular situation
with
respect
to stay or
employment
of either
parent
or by
reason
of the
irregularity
of the
child
's stay in the
State of employment
. ...
... Each
child
of a
migrant worker
shall have the basic
right of access
to
education
on the basis of
equality of treatment
with
nationals
of the
State
concerned
.
Access
to
public
pre-
school
educational institutions
or
schools
shall not be refused or limited by
reason
of the
irregular situation
with
respect
to stay or
employment
of either
parent
or by
reason
of the
irregularity
of the
child
's stay in the
State of employment
. ...
ARTICLE-35
[
go to this ARTICLE
]
... Nothing in the present part of the
Convention
shall be interpreted as implying the regularization of the
situation
of
migrant workers
or
members
of their
families
who are non-
documented
or in an
irregular situation
or any
right
to such regularization of their
situation
, nor shall it
prejudice
the
measures
intended to ensure
sound
and
equitable
-
conditions
for
international
migration
as provided in part VI of the present
Convention
. ...
ARTICLE-49
[
go to this ARTICLE
]
... 2.
Migrant workers
who in the
State of employment
are allowed
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permits
or similar
authorizations
. ...
ARTICLE-51
[
go to this ARTICLE
]
...
Migrant workers
who in the
State of employment
are not permitted
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permit
, except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. Such
migrant workers
shall have the
right
to
seek
alternative
employment
,
participation
in
public work
schemes
and
retraining
during the remaining
period
of their
authorization
to
work
,
subject
to such
conditions
and
limitations
as are specified in the
authorization
to
work
. ...
ARTICLE-67
[
go to this ARTICLE
]
... 1.
States Parties
concerned
shall
co-operate
as appropriate in the
adoption
of
measures
regarding the orderly
return
of
migrant workers
and
members
of their
families
to the
State of origin
when they
decide
to
return
or their
authorization
of
residence
or
employment
expires or when they are in the
State of employment
in an
irregular situation
. ...
ARTICLE-68
[
go to this ARTICLE
]
... 1.
States Parties
,
including
States
of
transit
, shall collaborate with a
view
to preventing and
eliminating
illegal
or
clandestine
movements
and
employment
of
migrant workers
in an
irregular situation
. The
measures
to be taken to this end within the
jurisdiction
of each
State
concerned
shall
include
: ...
... (c)
Measures
to impose effective
sanctions
on
persons
,
groups
or
entities
which use
violence
,
threats
or
intimidation
against
migrant workers
or
members
of their
families
in an
irregular situation
. ...
... 2.
States
of
employment
shall take all adequate and effective
measures
to
eliminate
employment
in their
territory
of
migrant workers
in an
irregular situation
,
including
, whenever appropriate,
sanctions
on
employers
of such workers. The
rights
of
migrant workers
vis-a-vis their
employer
arising from
employment
shall not be impaired by these
measures
. ...
ARTICLE-69
[
go to this ARTICLE
]
... 1.
States Parties
shall, when there are
migrant workers
and
members
of their
families
within their
territory
in an
irregular situation
, take appropriate
measures
to ensure that such a
situation
does not persist. ...
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