The Convention on the Protection of the Rights of All Migrant Workers and Members of their Families entered into force on 1 July 2003. It is the first and most comprehensive treaty for the protection of migrants and stresses the link between migrants and human rights.
The Convention establishes minimum standards that States parties should apply to migrant workers and members of their families, irrespective of their migratory status. At the same time, it recognizes the need to adopt effective measures in order to stop illegal immigration and trafficking for purposes of exploitation. For the Convention’s aim, a migrant is defined as follows:
“a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national”.
While it is important to underline that the notion of migrant does not entail refugees or stateless persons, the definition of the migrant worker’s family leaves enough room to States party to the Convention. According to art. 4, a migrant worker’s family is
“persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation”.
In addition to a general prohibition of discrimination (art. 7), the Convention grants the rights already set forth in other Conventions (ICCPR and ICESCR, for example) taking into account the specific condition experienced by migrants. Among these provisions, we may here recall:
- the prohibition of torture (art. 10);
- the prohibition of slavery and forced labour (art. 11);
- the right to liberty and security and to procedural guarantees (arts. 16–19 and 24);
- the prohibition of collective expulsions (art. 22);
- the right to enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration and other conditions of work and terms of employment (art. 25).
It also contains provisions on social security, medical care and education (especially for migrants’ children) as well as safeguards against confiscation, destruction or attempts to destroy identity documents, documents authorizing entry to or stay, residence or establishment in the national territory or work permits and prohibits the destruction of the passport or equivalent document of a migrant worker or a member of his or her family. In relation to migrants in a regular situation, the Convention grants also the right to participate in public affairs of their State of origin, including voting and election (art. 41). Finally, States parties are encouraged to facilitate family reunification and to protect the unity of the family (art. 44).
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