LAW 146 1994
Official Gazette No. 41,444, of July 15, 1994
Through which the "International Convention was approved on the Protection of the Rights of All Workers migrant and their Families "made in New York on 18 December 1990. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families" made in New York on 18 December 1990.
INTERNATIONAL CONVENTION oN tHE PROTECTION OF tHE RIGHTS OF ALL MIGRANT WORKERS AND THEIR
RELATIVES United Nations
Preamble the States Parties to this Convention, Considering
the principles embodied in the basic instruments of the United Nations on human rights, including the Universal Declaration of human rights (1), the International Covenant on Economic, Social and Cultural rights (2), the International Covenant on Civil and political 2 / the International Convention on the Elimination of all forms of Racial Discrimination (3), the Convention on the Elimination of all forms of Discrimination against Women (4) and the Convention on the Rights of the Child (5).
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 on Migrant Workers (No. 97), the Convention on Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (No.143), the recommendation concerning Migrant Workers (No. 86), the recommendation on Migrant Workers (No. 151), the Convention on the Job forced (No. 29) and the Convention on the Abolition of forced Labour (No. 105).
Reaffirming the importance of the principles enshrined in the Convention on the Fight against Discrimination in the Education of the Organization United Nations Educational, Scientific and Cultural Organization (6).
Recalling the United Nations Convention against Torture (79), the Declaration of the Fourth United Nations Congress on the Prevention of Crime and Treatment of Offenders (8), the Code of Conduct for Officials enforcement Law (9) and the Conventions on Slavery (10).
Recalling that one of the objectives of the International Labour Organisation, as stated in its Constitution, is the protection of the interests of workers employed in countries other than their own, and taking into account the knowledge and experience of that organization on issues related to migrant workers and their families.
Recognizing the importance of work done in connection with migrant workers and their families in various organs of the United Nations, particularly the Commission on Human Rights and the Commission for Social Development and the Organization of the United Nations the Food and Agriculture organization, the United Nations organization for education, science and culture and the World Health organization and other international organizations.
Recognizing also the progress made by States through regional or bilateral arrangements for the protection of the rights of migrant workers and their families agreements as well as the importance and usefulness of bilateral and multilateral agreements in this area.
Understanding the importance and magnitude of the phenomenon of migration, which involves millions of people and affects a large number of States in the international community.
Aware of the impact of the flows of migrant workers on States and people concerned, and desiring to establish norms which may contribute to harmonize the attitudes of States through the acceptance of basic principles concerning the treatment of workers migrants and their families.
Considering the situation of vulnerability in which migrant workers frequently and their families because, among other things, to their absence from the State of origin and the difficulties they face because of their presence in the State of employment are .
Convinced that the rights of migrant workers and their families have not been sufficiently recognized everywhere and therefore require appropriate international protection.
Given the fact that migration is often the cause of serious problems for the families of migrant workers and for the workers themselves, particularly due to the dispersion of the family.
Bearing in mind that the human problems of migration are even more serious in the case of irregular migration and convinced therefore that should encourage the adoption of appropriate measures to prevent and eliminate movements and transit measures clandestine migrant workers, while ensuring protection of their fundamental human rights.
Whereas undocumented or in an irregular situation are frequently employed workers under less favorable than those of other workers work for certain companies and that this constitutes an inducement to seek such labor in order to reap the benefits of unfair competition.
Considering also that the practice of employing 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 their families in a regular situation will encourage all migrants to respect and comply with the laws and procedures established by the States concerned.
Convinced therefore of the need for international protection of the rights of all migrant workers and their families, reaffirming and establishing basic norms in a comprehensive convention which could be applied universally.
They Have agreed as follows: PART I.
SCOPE AND DEFINITIONS ARTICLE 1o.
1. This Convention shall apply, except where it provides otherwise, to all migrant workers and their families without discrimination based on sex, race, color, language, religion or belief, political or other opinion, national origin , ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.
2. The present Convention shall apply during the entire migration process of migrant workers and their families, which comprises preparation for migration, departure, transit and the entire period of stay and remunerated in the State of employment as well as return to the State of origin or the State of habitual residence.
. For the purposes of this Convention:
1. It means "migrant worker" any person who will make, is making or has made a remunerated activity in a State other than national activity.
2. a) The term "worker" migrant worker who retains his habitual residence in a neighboring State to which he returns each day or at least once a week;
B) The term "seasonal worker" every migrant worker whose work by its very nature dependent on seasonal conditions and is performed only during part of the year;
C) The term "seafarer", which term includes fishermen, migrant worker employed on board a vessel registered in a tate of non-national;
D) The term "worker on an offshore installation" migrant worker employed on an offshore installation that is under the jurisdiction of a State which is not national;
E) The term "itinerant worker" migrant worker who, having his or her habitual residence in a State to travel to another State States for short periods because of their occupation;
F) The term migrant worker admitted to a State of employment for a defined period to work solely on a specific project being carried out in that State your employer "project-tied worker";
G) The term "specified-employment worker" migrant worker:
i) Who has been sent by your employer for a limited and defined period a State of employment to undertake a specific assignment or duty;
Ii) Who engages for a restricted and defined period, a job that requires professional, commercial, technical or highly specialized skill otherwise, or
iii) at the request of their employer in the State of employment , engages for a restricted and defined period of temporary work or brief; and need to leave the State of employment at the expiry of their authorized stay, or earlier, if you stop the task or specific function or work that has been referred;
H) The term "self-employed" migrant worker who is engaged in a remunerated without an employment contract for their livelihood through this activity normally working alone or together with their families, as well as any other worker immigration recognized as self-employed by applicable legislation of the State of employment or bilateral or multilateral agreements.
ARTICLE 3. This Convention shall not apply to:
a) Persons sent or employed by international organizations and agencies and persons sent or employed by a State outside its territory to perform official functions, whose admission and status are regulated by the general international law or by specific international agreements or conventions;
B) Persons sent or employed by a State outside its territory or by an employer on your behalf, participate in development programs and other cooperation programs, whose admission and status are regulated by agreement with the State of employment and that, in accordance with this agreement, are not considered migrant workers;
C) Persons taking up residence in a country other than their State of origin as investors;
D) Refugees and stateless persons, unless it is intended to apply to these persons in the relevant national legislation of the State party concerned or international instruments in force in that State;
E) Students and Trainees;
F) Seafarers and workers on an offshore installation who have not been authorized to reside and engage in paid employment in the State of employment.
ARTICLE 4. For the purposes of this Convention, the term "family" refers to persons married to migrant workers or having with them a relationship that, in accordance with applicable law, produces effects equivalent to marriage and children to office and others who are recognized as family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned.
The 5th ITEM. For the purposes of this Convention, migrant workers and their families:
a) Are considered as documented or in a regular situation if they are authorized to enter, to stay and to engage in a remunerated in the State of employment in accordance with the that State laws and international agreements to which that State is a party;
B) Are considered as non-documented or in an irregular situation if they do not meet the conditions set forth in subsection a) of this article.
ARTICLE 6o. For the purposes of this Convention:
a) "State of origin" means the State of nationality of the person concerned;
B) "State of employment" means a State where the migrant worker is to engaged or has engaged in a remunerated activity, as appropriate;
C) "State of transit" means any State through which the person concerned passes on a trip to the State of employment or the State of employment to the State of origin or the State of habitual residence.
NO DISCRIMINATION WITH RESPECT TO RIGHTS
ARTICLE 7. States Parties undertake, in accordance with international instruments on human rights, to respect and ensure to all migrant workers and their families who are staying within their territory or subject to their jurisdiction the rights provided in the present Convention without distinction for reasons of sex, race, color, language, religion or belief, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.
HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES
1. Migrant workers and their families shall be free to leave any State including their State of origin. That right shall not be subject to any restrictions except those that are provided by law, are necessary to protect national security, public order, health or morals or the rights and freedoms of others and are consistent with other rights recognized in the this Part of the Convention.
2. Migrant workers and their families have the right to return at any time to their State of origin and remain there.
Article 9. The right to life of migrant workers and their families shall be protected by law.
ARTICLE 10. No migrant worker or his family shall be subjected to torture or to cruel, inhuman or degrading punishment.
1. No migrant worker or his family will be held in slavery or servitude.
2. migrant workers and their family members to perform forced or compulsory labor shall not be required.
3. Paragraph 2o. of this Article shall not prevent States whose laws permit a punishment for crimes of imprisonment with hard labor may be imposed pursuant to these judgment rendered by a competent court.
4. For the purposes of this article, the term "forced or compulsory labor" shall not include:
a) Any work or service not referred to in paragraph 3o. This article normally required of a person who, under a decision of the ordinary courts, is found has been subsequently detained or put on probation status;
B) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;
C) Any work or service which forms part of normal civil obligations so far as citizens of the State in question is also imposed.
1. Migrant workers and their families have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of their choice and freedom to manifest religion or belief, individually or collectively, both in public and in private, through worship, observance, the practice and teaching.
2. Migrant workers and their families are not subjected to coercion that would impair their freedom to adopt a religion or belief of their choice.
3. Freedom to manifest one's religion or belief may only be subject to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the rights and freedoms of others.
4. The States Parties to this Convention undertake to respect the liberty of parents and, when at least one of whom is a migrant worker and, where applicable, legal guardians to the children receive religious education and moral you agree with their own convictions.
1. The right of opinion of migrant workers and their families will not be subject to any interference.
2. Migrant workers and their families shall have the right to freedom of expression; this right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print or art, or through any other media of their choice.
3. The exercise of the rights provided for in paragraph 2o. of this article carries with it special duties and responsibilities. Therefore, it may be subject to certain restrictions, provided that these have been established by law and are necessary:
a) To respect the rights or reputation of others;
B) To protect the national security of the States, public order or public health or moral question;
C) preventing any propaganda for war;
D) preventing any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
ARTICLE 14. No migrant worker or his family shall be subjected to arbitrary or unlawful interference with his privacy, family, home, correspondence or other communications, or to unlawful attacks on his honor and reputation. Migrant workers are entitled to the protection of the law against such interference or attacks.
ARTICLE 15. No migrant worker or his family shall be arbitrarily deprived of his property, whether personal property exclusively or in association with others. When, under the law of the State of employment, the assets of a migrant worker or a family member are partly or wholly expropriated, the person concerned shall be entitled to fair and appropriate compensation.
1. Migrant workers and their families have the right to liberty and security of person.
2. Migrant workers and their families are entitled to effective protection by the State against violence, physical injury, threats and intimidation by government officials or by private individuals, groups or institutions.
3. Verification by enforcement officials the law of the identity of migrant workers or their families shall be carried out in accordance with procedures established by law.
4. Migrant workers and their families shall not be subjected individually or collectively to arbitrary arrest or detention; They will not be deprived of his liberty except on such grounds and in accordance with procedures established by law.
5. Migrant workers and their families who are arrested will be informed at the time of arrest, if possible in a language they understand, of the reasons for detention, and are notified promptly, in a language they understand, the charges it has made them.
6. Migrant workers and their detained or imprisoned because of a criminal family will be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or be released. The detention of persons who are to be judged should not be the general rule, but release may be subject to guarantees to assure the defendant's appearance in the act of judgment or at any other stage of the judicial proceedings, and where appropriate for the execution of the judgment.
7. When a migrant worker or a family member is arrested or committed to prison or detained pending trial or subjected to any other form of detention:
a) The consular or diplomatic authorities of their State of origin or of a State you represent the interests of the State of origin shall be informed without delay, if requested by the arrest, detention or imprisonment of and the reasons therefor;
B) The person concerned has the right to communicate with those authorities. Any communication addressed by the applicant to those authorities shall be forwarded without delay, and shall also have the right to receive communications without delay those authorities;
C) shall be informed without delay to the party concerned of this right and of rights deriving from relevant treaties, if any, applicable between the States concerned, to correspond and to meet with representatives of those authorities and to make arrangements with them for legal representation.
8. Migrant workers and their families who are deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not it lawful. In such proceedings, they will receive the assistance, free of charge if necessary, of an interpreter if they can not understand or speak the language used.
9. Migrant workers and their families who have been victims of unlawful arrest or detention shall be entitled to claim compensation.
1. Migrant worker or his family deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity.
2. Migrant workers and their families accused be separated from convicted prisoners, except in exceptional circumstances and subject to separate, appropriate to their status as unconvicted persons regime. If they are minors, they shall be separated from adults and the hearing of his case will take place as quickly.
3. Migrant family worker of his who is detained in a transit state or the state of employment for violation of provisions relating to migration will be accommodated to the extent possible, in premises other than those for persons convicted or persons detained pending trial.
4. During any period of imprisonment in pursuance of a sentence imposed by a court, the treatment of a migrant worker or his family will be essential aim their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be subject to treatment appropriate to their age and legal status.
5. During detention or imprisonment, migrant workers and their families have the same rights as nationals to visits by family members.
6. When a migrant worker is deprived of his liberty, the competent authorities of the State concerned shall pay attention to the problems that arise in their families, in particular for spouses and minor children.
7. Migrant workers and their families subjected to any form of arrest or detention in accordance with the existing laws of the State of employment or the State of transit shall enjoy the same rights as nationals of those States that are in the same situation.
8. If a migrant worker or a family member is detained him in order to prove an infringement of the provisions on migration, they will not run on their own expenses arising therefrom.
1. Migrant workers and their families shall have the same rights as nationals of the State concerned before the courts and the courts. They shall have the right to be heard publicly and with due guarantees by a competent, independent and impartial tribunal established by law, in the substantiation of any criminal charge brought against them or for the determination of its rights or obligations of a civil nature.
2. Migrant worker or his family accused of a crime shall have the right to be presumed innocent until proved guilty according to law is proved.
3. During the process, a migrant worker or his family charged with a crime is entitled to the following minimum guarantees:
a) To be informed promptly, in a language which he understands and in detail, of the nature and causes of the charge against him;
B) to have adequate time and suitable for the preparation of his defense and to communicate with counsel of his own choosing;
C) To be tried without undue delay;
D) To be tried in his presence, and to defend himself in person or be assisted by counsel of their choice; to be informed, if they do not have legal assistance, the right that it has to have it, and where the interests of justice so require, and that counsel provided to him free of charge if he lacked sufficient means to pay;
E) To examine, or have examined witnesses against him and to obtain the attendance of witnesses on his behalf as they are interrogated in the same conditions as witnesses against him;
F) To have the free assistance of an interpreter, but understand or speak the language used in court;
G) Not to be compelled to testify against himself or to confess guilt.
4. In the procedure applicable to minors, it will take into account their age and the desirability of promoting their rehabilitation.
5. Migrant worker or his family convicted of a crime shall have the right to have the conviction and the sentence that has been imposed being reviewed by a higher court, as prescribed by law.
6. When a conviction firm against a migrant worker or a family member has been reversed or the convicted person has been pardoned on new or newly discovered full evidentiary fact the commission of a miscarriage of justice, who has suffered punishment as a result of such conviction it shall be compensated according to law, unless it is proved that it is attributable in whole or in part the unknown fact not been timely disclosed.
7. No migrant worker or his family may be tried or punished again for an offense for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of the State concerned.
1. No migrant worker or his family will be convicted for acts or omissions that were not criminal at the time it was committed, under national or international law; not more serious than was applicable at the time of the commission penalty shall be imposed. If after the commission of the offense the law provides for the imposition of a lighter penalty, he will benefit from that provision.
2. In handing down a conviction for an offense committed by a migrant worker or a family member, you should consider the humanitarian aspects related to their condition, in particular with regard to their right of residence or work.
1. No migrant worker or his family will be imprisoned merely failure to fulfill a contractual obligation.
2. No migrant or family worker yours will be deprived of his residence permit or work permit or expelled solely because of failure to fulfill an obligation under an employment contract, unless the fulfillment of that obligation constitutes a necessary condition for such authorization or permission.
No person other than a duly authorized by law public official may confiscate, destroy or attempt to destroy identity documents authorizing entry to or stay, residence or establishment in the territory of a country or work permits. In cases where the confiscation of such documents is authorized, it can not take place without delivery of a detailed receipt. In no case it will be permitted to destroy the passport or equivalent document of a migrant worker or a family member.
1. Migrant workers and their families shall not be subject to measures of collective expulsion. Each case of expulsion shall be examined and decided individually.
2. Migrant workers and their families may be expelled from the territory of a State party pursuant to a decision taken by the competent authority under the law.
3. The decision will be communicated to them in a language they can understand. Les will be notified in writing if you request where the other was not mandatory and, save in exceptional circumstances justified by reasons of national security, the reasons for the decision likewise stated. stakeholders of these rights will be informed before the decision or, at the latest ruling at that time.
4. Except when a judicial authority from taking a final decision, interested parties shall be entitled to submit reasons assist them to oppose his expulsion and to have his case reviewed by the competent authority, unless compelling reasons of national security otherwise thereto. Pending such review, shall have the right to request that the execution of the decision of expulsion.
5. When an already executed expulsion decision is subsequently annulled, the person concerned is entitled to seek compensation according to law, and shall not be used earlier decision to prevent her from re-entering the State concerned.
6. In case of expulsion, the person concerned shall have a reasonable opportunity before or after departure to settle concerning the payment of wages and other benefits due to him and the fulfillment of its outstanding obligations.
7. Without prejudice to the implementation of a decision of expulsion, migration or his family worker who is subject to it may seek entry into a State other than their State of origin.
8. The expenses to be made for the procedure of expulsion of a migrant worker or a family member will not run on their own. You will be required to pay their own travel expenses.
9. Expulsion from the State of employment shall not in itself prejudice any rights acquired in accordance with the laws of that State a migrant worker or a family member, including the right to receive wages and other benefits due to him.
ARTICLE 23. Migrant workers and their families shall have the right to appeal to the protection and assistance of the consular or diplomatic authorities of their State of origin, or the State representing the interests of the State in all cases remaining impair the rights recognized in the present Convention. In particular, in case of expulsion shall be informed without delay of this right to the person concerned and the authorities of the State which ordered the expulsion facilitate the exercise of that right.
ARTICLE 24. Migrant workers and their families have the right, everywhere, to recognition of their legal personality.
1. Migrant workers shall enjoy treatment not less favorable than that which applies to nationals of the State of employment in respect of remuneration and:
a) Other conditions of work, ie, overtime, hours of work, weekly rest, paid holidays, safety, health, termination of the employment relationship and any other conditions of work which, according to national law and practice, are covered by these terms;
B) Other terms of employment, ie, minimum age of employment, restriction on home work and any other matters which, in accordance with national law and practice, employment conditions are considered.
2. Not be lawful to derogate in private contracts of employment from the principle of equal treatment referred to in paragraph 1o. of 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 because of 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 way because of any such irregularities.
1. States Parties recognize the right of migrant workers and their families:
a) Participate in meetings and activities of trade unions or any other associations established in accordance with law, with a view to protecting their economic, social, cultural and other, subject only to the rules of the organization concerned;
B) To join freely any trade union and any such association as aforesaid, subject only to the rules of the organization concerned;
C) seek the aid and assistance of any trade union or any such association as aforesaid.
2. The exercise of such rights may be subject only to the restrictions prescribed by law and are necessary in a democratic society in the interests of national security or public order or to protect the rights and freedoms of others.
1. Migrant workers and their families shall enjoy in the State of employment, with regard to social security, equal treatment with nationals insofar as they meet the requirements under the applicable law of that State or in bilateral and multilateral treaties applicable .
The competent authorities of the State of origin and the State of employment can at any time the necessary arrangements to determine the modalities of application of this standard.
2. Where the applicable legislation does not allow migrant workers and their families enjoy a benefit, the State concerned, on the basis of the treatment granted to nationals who are in similar circumstances, consider reimbursing the amount of contributions which they may have made in connection with those benefits.
ARTICLE 28. Migrant workers and their families are entitled to receive any kind of urgent medical care that is necessary to preserve life or to prevent irreparable harm to their health equal treatment with nationals of the State the case. Such emergency medical care shall not be refused on grounds of irregularity with regard to stay or employment.
ARTICLE 29. All children of migrant workers have the right to a name, registration of birth and nationality.
ARTICLE 30. All children of migrant workers shall enjoy the fundamental right of access to education equal treatment with nationals of the State concerned. Access of children of migrant workers to preschool institutions or public schools shall not be denied or limited because of the irregular situation with respect to stay or employment of either parent or the irregular nature of the permanence of the child in the State of employment.
1. States Parties shall ensure that the cultural identity of migrant workers and their families and shall not prevent them from maintaining their cultural links with their State of origin.
2. States Parties may take appropriate measures to assist and encourage efforts in this regard.
ARTICLE 32. Migrant workers and their families, at the end of their stay in the State of employment shall have the right to transfer their earnings and savings and, in accordance with applicable legislation of the States concerned, their personal effects and other belongings.
1. Migrant workers and their families are entitled to the State, the State of employment or the State of transit as the case may be information about:
a) Your rights under this Convention;
B) The requirements for admission, their rights and obligations under the law and practice of the State concerned and such other matters needed to perform administrative or other formalities in that State.
2. States Parties shall take all measures they deem appropriate to disseminate the said information or to ensure that it is provided by employers, unions or other appropriate bodies or institutions. As appropriate, cooperate with other States concerned.
3. Adequate information shall be provided to migrant workers and their families who request it for free and, as far as possible in a language they can understand.
ARTICLE 34. None of the provisions of this Part of the Convention shall have the effect of exempting migrant workers and their families from the obligation to comply with the laws and regulations of all transit States and the State of employment or the obligation to respect the cultural identity of the inhabitants of these States.
ARTICLE 35. None of the provisions of this Part of the Convention shall be construed as implying the regularization of the situation of migrant workers or members of their families undocumented or in an irregular situation or the right to have his situation be well regularized, nor prejudice the measures intended to ensure sound and equitable conditions for international migration as provided in part VI of this Convention.
OTHER RIGHTS OF MIGRANT WORKERS AND THEIR FAMILIES WHO ARE DOCUMENTED OR
SITUATION IN REGULAR
ARTICLE 36. Migrant workers and their families who are documented or in a regular situation in the State of employment shall enjoy the rights set forth in this Part of the Convention, in addition to those set forth in Part III.
ARTICLE 37. Before their departure, or at the latest at the time of admission to the State of employment, migrant workers and their families have the right to be fully informed by the State of origin or the State of employment, as appropriate, of all the conditions applicable to their admission and particularly those relating to their stay and the remunerated activities they can perform as well as the requirements to be met in the State of employment and the authorities to be addressed to those conditions amended.
1. States of employment shall make every effort to authorize migrant workers and their families to be temporarily absent without effect upon their authorization to stay or to work, as the case. In doing so, States of employment shall take into account the special needs and obligations of migrant workers and their families particularly in their home states.
2. Migrant workers and their families have the right to be fully informed of the conditions under which such temporary absences are authorized.
1. Migrant workers and their families have the right to freedom of movement in the territory of the State of employment and freedom to choose his residence.
2. The rights mentioned in paragraph 1o. of this Article shall not be subject to any restrictions except those which are established by law, are necessary to protect national security, public order, health or morals or the rights and freedoms of others and are consistent with other rights recognized in the present Convention.
1. Migrant workers and their families shall have the right to form associations and unions in the State of employment for the promotion and protection of economic, social, cultural and other interests.
2. No restrictions may be placed on the exercise of this right other than those prescribed by law and are necessary in a democratic society in the interests of national security or public order or to protect the rights and freedoms of others.
1. Migrant workers and their families have the right to participate in public affairs of their State of origin and to vote and be elected at elections of that State in accordance with its laws.
2. States concerned shall, as appropriate and in accordance with its law, the exercise of those rights.
1. States Parties shall consider the establishment of procedures or institutions taking into account both States of origin and States of employment, needs, aspirations and obligations of migrant workers and their families and consider also, as appropriate the possibility for migrant workers and their families in these institutions have their freely chosen representatives.
2. States of employment shall, in accordance with national legislation, the consultation or participation of migrant workers and their families in decisions concerning the life and administration of local communities.
3. Migrant workers may enjoy political rights in the State of employment if that State, in the exercise of its sovereignty, grants them such rights.
1. Migrant workers enjoy equal treatment with nationals of the State of employment in relation to:
a) Access to educational institutions and services subject to the admission requirements and other regulations of the institutions and services which is concerned;
B) Access to vocational guidance and placement;
C) Access to services and institutions of vocational training and retraining;
D) Access to housing, including social housing schemes, and protection against exploitation in respect of rents;
E) Access to social and health services, provided that the requirements for participation in the respective schemes are met;
F) Access to cooperatives and self-managed enterprises, without implying a change of their migration status and shall be subject to the rules and regulations because the bodies concerned;
G) Access to cultural life and participation in it.
2. States Parties shall promote conditions to ensure effective equality of treatment, so that migrant workers may enjoy the rights set forth in paragraph 1o. of this Article, provided that the conditions established for their stay, as authorized by the State of employment, meet the appropriate requirements.
3. States of employment shall not prevent an employer of migrant workers from establishing housing or social or cultural facilities for them. Subject to the provisions of Article 70 of this Convention, the State of employment may make the establishment of such services to the requirements generally applied in that State concerning their installation.
1. States Parties, recognizing that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, take appropriate measures to ensure the protection of the unity of the family of migrant workers.
2. States Parties shall take any measures they deem appropriate and that fall within their competence to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that, in accordance with applicable law, produces equivalent to marriage, as with their minor unmarried children of age who are dependent effects.
3. States of employment, on humanitarian grounds, shall favorably consider granting equal treatment, as provided in paragraph 2o. of this article to other family members of migrant workers.
1. The families of migrant workers shall, in the State of employment, equal treatment with nationals of that State concerning:
a) Access to educational institutions and services subject to the admission requirements and other regulations of the institutions and services concerned;
B) Access to educational institutions and services, vocational guidance and training, provided that the requirements for participation are met;
C) Access to social and health services, provided that requirements for participation in the respective schemes are met;
D) Access to cultural life and participation in it.
2. States of employment, in collaboration with the States of origin where appropriate, apply a policy to facilitate the integration of children of migrant workers in the local school system, particularly in respect of teaching them the local language.
3. States of employment shall endeavor to facilitate the children of migrant workers the teaching of their mother tongue and culture and, where appropriate, States shall collaborate for that purpose.
4. States of employment may provide special schemes of education in the mother tongue of children of migrant workers, in cooperation with States of origin if they need to.
Migrant workers and their families will be exempt, subject to the applicable legislation of the States concerned and relevant international agreements and the obligations of States parties arising from their participation in customs unions, payment of duties and taxes in respect of import and export personal effects and household beings, as well as necessary for the performance of the remunerated activity for which they were admitted to the State of employment:
a) at the time of exit State of origin or State of habitual residence;
B) Upon initial admission to the State of employment;
C) Upon final departure from the State of employment;
D) At the time of its final report to State of origin or the State of habitual residence return.