General Provisions and Fundamental Rights

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The ICMW begins with general principles and fundamental rights that apply to all migrant workers and their families, regardless of whether their migration status is regular or irregular. These include:

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• Non-Discrimination (Article 7): All rights in the Convention must be applied without discrimination based on sex, race, color, language, religion, political opinion, nationality, age, economic position, or any other status.

• Civil and Political Rights: These are rights that are also found in other human rights treaties, but are specifically guaranteed to migrant workers. They include the right to life (Article 9), freedom from torture and cruel, inhuman, or degrading treatment (Article 10), and the right to liberty and security of person (Article 16).

• Due Process Guarantees: The Convention guarantees migrant workers the right to due process in judicial and administrative proceedings. This includes the right to a fair and public hearing, the right to legal assistance, and the right to be informed of the reasons for any detention or legal action (Articles 17-20).

• Protection against Exploitation: It prohibits forced or compulsory labor and aims to prevent exploitative working conditions. Migrant workers are entitled to the same treatment as nationals regarding pay, working conditions, and safety (Article 25).

• Family Unity: The Convention recognizes the importance of family unity and obligates states to facilitate the reunification of migrant workers with their families (Article 44).

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Rights of Documented or Regular Migrants

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The Convention grants additional rights to migrant workers and their families who are in a regular, documented situation. These rights go beyond the fundamental human rights afforded to everyone and include:

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• Freedom of Movement and Residence (Article 39): Regular migrants have the right to move freely within the territory of the host state and to choose their residence.

• Right to Social Security: Regular migrant workers have the right to social security benefits on the same basis as nationals (Article 43).

• Right to Join Trade Unions: They have the right to form and join trade unions for the protection of their interests (Article 40).

• Access to Education and Healthcare: The children of all migrant workers have the basic right to access education, but the Convention guarantees regular migrants and their families more extensive rights, including equal access to educational institutions and services as nationals (Article 45). They also have access to medical care on the same basis as nationals (Article 28).

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Obligations of States

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The ICMW places several obligations on States to protect migrants and regulate the migration process. These include:

• Combating Irregular Migration: States are required to take measures to prevent and eliminate irregular migration, including combating the dissemination of misleading information and imposing sanctions on human traffickers and employers of undocumented migrants (Article 68).

• Facilitating Return: States of employment are obliged to facilitate the return of migrant workers to their country of origin and to ensure that their legal rights, including social security benefits, are protected (Article 67).

• Bilateral and Multilateral Cooperation: The Convention encourages States to cooperate with one another to ensure the protection of migrant workers and their families (Article 83).