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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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treatment
[
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]
PREAMBLE
[
go to this PREAMBLE
]
... 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), ...
... Recalling the
Convention
against
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
, the
Declaration
of the Fourth
United Nations
Congress
on the
Prevention
of
Crime
and the
Treatment
of
Offenders
, the
Code
of
Conduct
for
Law Enforcement Officials
, and the
Slavery
Conventions
, ...
... Recalling the
Convention
against
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
, the
Declaration
of the Fourth
United Nations
Congress
on the
Prevention
of
Crime
and the
Treatment
of
Offenders
, the
Code
of
Conduct
for
Law Enforcement Officials
, and the
Slavery
Conventions
, ...
... 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
, ...
ARTICLE-10
[
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]
... No
migrant worker
or
member
of his or her
family
shall be subjected to
torture
or to
cruel
,
inhuman
or
degrading treatment
or
punishment
. ...
ARTICLE-17
[
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]
... 2.
Accused
migrant workers
and
members
of their
families
shall, save in
exceptional
circumstances
, be separated from
convicted
persons
and shall be
subject
to separate
treatment
appropriate to their
status
as unconvicted
persons
.
Accused
juvenile
persons
shall be separated from
adults
and brought as speedily as possible for
adjudication
. ...
... 4. During any
period
of
imprisonment
in pursuance of a
sentence
imposed by a
court
of
law
, the essential aim of the
treatment
of a
migrant worker
or a
member
of his or her
family
shall be his or her reformation and
social rehabilitation
.
Juvenile offenders
shall be separated from
adults
and be accorded
treatment
appropriate to their
age
and
legal status
. ...
... 4. During any
period
of
imprisonment
in pursuance of a
sentence
imposed by a
court
of
law
, the essential aim of the
treatment
of a
migrant worker
or a
member
of his or her
family
shall be his or her reformation and
social rehabilitation
.
Juvenile offenders
shall be separated from
adults
and be accorded
treatment
appropriate to their
age
and
legal status
. ...
ARTICLE-25
[
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]
... 1.
Migrant workers
shall enjoy
treatment
not less
favourable
than that which applies to
nationals
of the
State of employment
in
respect
of
remuneration
and: ...
... 2. It shall not be
lawful
to derogate in
private contracts
of
employment
from the
principle
of
equality of treatment
referred to in paragraph 1 of the present
article
. ...
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
. ...
... 2. Where the applicable
legislation
does not allow
migrant workers
and
members
of their
families
a
benefit
, the
States
concerned
shall examine the possibility of reimbursing interested
persons
the
amount
of
contributions
made by them with
respect
to that
benefit
on the basis of the
treatment
granted
to
nationals
who are in similar
circumstances
. ...
ARTICLE-28
[
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]
...
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
[
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]
... 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-43
[
go to this ARTICLE
]
... 1.
Migrant workers
shall enjoy
equality of treatment
with
nationals
of the
State of employment
in
relation
to: ...
... 2.
States Parties
shall
promote
conditions
to ensure effective
equality of treatment
to enable
migrant workers
to enjoy the
rights
mentioned in paragraph 1 of the present
article
whenever the
terms
of their stay, as
authorized
by the
State of employment
,
meet
the appropriate
requirements
. ...
ARTICLE-44
[
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]
... 3.
States
of
employment
, on
humanitarian
grounds, shall favourably consider granting
equal treatment
, as set forth in paragraph 2 of the present
article
, to other
family members
of
migrant workers
. ...
ARTICLE-45
[
go to this ARTICLE
]
... 1.
Members
of the
families
of
migrant workers
shall, in the
State of employment
, enjoy
equality of treatment
with
nationals
of that
State
in
relation
to: ...
ARTICLE-54
[
go to this ARTICLE
]
... 1. Without
prejudice
to the
terms
of their
authorization
of
residence
or their
permission
to
work
and the
rights
provided for in
articles
25
and
27
of the present
Convention
,
migrant workers
shall enjoy
equality of treatment
with
nationals
of the
State of employment
in
respect
of: ...
ARTICLE-55
[
go to this ARTICLE
]
...
Migrant workers
who have been
granted
permission
to engage in a remunerated
activity
,
subject
to the
conditions
attached to such
permission
, shall be entitled to
equality of treatment
with
nationals
of the
State of employment
in the
exercise
of that remunerated
activity
. ...
ARTICLE-79
[
go to this ARTICLE
]
... 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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