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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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state of origin
[
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PREAMBLE
[
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]
... Considering the
situation
of
vulnerability
in which
migrant workers
and
members
of their
families
frequently-
find
themselves owing, among other things, to their
absence
from their
State of origin
and to the difficulties they may encounter arising from their
presence
in the
State of employment
, ...
ARTICLE-1
[
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]
... 2. The present
Convention
shall apply during the entire
migration
process of
migrant workers
and
members
of their
families
, which comprises
preparation
for
migration
,
departure
,
transit
and the entire
period
of stay and remunerated
activity
in the
State of employment
as well as
return
to the
State of origin
or the
State
of
habitual residence
. ...
ARTICLE-3
[
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]
... (c)
Persons
taking up
residence
in a
State
different from their
State of origin
as investors; ...
ARTICLE-6
[
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]
... (a) The
term
"
State of origin
" means the
State
of which the
person
concerned
is a
national
; ...
... (c) The
term
"
State of transit
,' means any
State
through which the
person
concerned
passes on any
journey
to the
State of employment
or from the
State of employment
to the
State of origin
or the
State
of
habitual residence
. ...
ARTICLE-8
[
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]
... 1.
Migrant workers
and
members
of their
families
shall be
free
to
leave
any
State
,
including
their
State of origin
. This
right
shall not be
subject
to any
restrictions
except those that are provided by
law
, are necessary to
protect
national security
,
public order
(
ordre public
),
public health
or
morals
or the
rights and freedoms of others
and are consistent with the other
rights
recognized in the present part of the
Convention
. ...
... 2.
Migrant workers
and
members
of their
families
shall have the
right
at any
time
to enter and remain in their
State of origin
. ...
ARTICLE-16
[
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]
... (a) The
consular
or
diplomatic
authorities
of his or her
State of origin
or of a
State
representing the
interests
of that
State
shall, if he or she so
requests
, be informed without
delay
of his or her
arrest
or
detention
and of the
reasons
therefor; ...
ARTICLE-22
[
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]
... 7. Without
prejudice
to the
execution
of a
decision
of
expulsion
, a
migrant worker
or a
member
of his or her
family
who is
subject
to such a
decision
may
seek
entry
into a
State
other than his or her
State of origin
. ...
ARTICLE-23
[
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]
...
Migrant workers
and
members
of their
families
shall have the
right
to have
recourse
to the
protection
and
assistance
of the
consular
or
diplomatic
authorities
of their
State of origin
or of a
State
representing the
interests
of that
State
whenever the
rights
recognized in the present
Convention
are impaired. In particular, in
case
of
expulsion
, the
person
concerned
shall be informed of this
right
without
delay
and the
authorities
of the expelling
State
shall
facilitate
the
exercise
of such
right
. ...
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-31
[
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]
... 1.
States Parties
shall ensure
respect
for the
cultural identity
of
migrant workers
and
members
of their
families
and shall not
prevent
them from maintaining their
cultural
links with their
State of origin
. ...
ARTICLE-33
[
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]
... 1.
Migrant workers
and
members
of their
families
shall have the
right
to be informed by the
State of origin
, the
State of employment
or the
State of transit
as the
case
may be
concerning
: ...
ARTICLE-37
[
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]
... Before their
departure
, or at the latest at the
time
of their
admission
to the
State of employment
,
migrant workers
and
members
of their
families
shall have the
right
to be
fully
informed by the
State of origin
or the
State of employment
, as appropriate, of all
conditions
applicable to their
admission
and particularly those
concerning
their stay and the remunerated
activities
in which they may engage as well as of the
requirements
they must satisfy in the
State of employment
and the
authority
to which they must
address
themselves for any
modification
of those
conditions
. ...
ARTICLE-41
[
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]
... 1.
Migrant workers
and
members
of their
families
shall have the
right
to
participate
in
public affairs
of their
State of origin
and to
vote
and to be
elected
at
elections
of that
State
, in
accordance
with its
legislation
. ...
ARTICLE-46
[
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]
... (a) Upon
departure
from the
State of origin
or
State
of
habitual residence
; ...
... (d) Upon final
return
to the
State of origin
or
State
of
habitual residence
. ...
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-61
[
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]
... 4. Without
prejudice
to the
provisions
of
article
47
of the present
Convention
and to
relevant
bilateral
or
multilateral agreements
,
States Parties
concerned
shall
permit
payment
of the
earnings
of
project-tied workers
in their
State of origin
or
habitual residence
. ...
ARTICLE-67
[
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]
... 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
. ...
... 2.
Concerning
migrant workers
and
members
of their
families
in a
regular situation
,
States Parties
concerned
shall
co-operate
as appropriate, on
terms
agreed
upon by those
States
, with a
view
to
promoting
adequate
economic
conditions
for their
resettlement
and to facilitating their durable
social
and
cultural
reintegration
in the
State of origin
. ...
ARTICLE-71
[
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]
... 1.
States Parties
shall
facilitate
, whenever necessary, the
repatriation
to the
State of origin
of the
bodies
of
deceased
migrant workers
or
members
of their
families
. ...
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