Through Which "international Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families" Made In New York On December 18, 1990 Is Approved

Original Language Title: Por medio de la cual se aprueba "Convención Internacional sobre la Protección de los Derechos de todos los Trabajadores Migratorios y de sus Familiares", hecha en Nueva York el 18 de diciembre de 1990

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ACT 146 OF 1994

(July 13)

Official Journal No. 41,444, July 15, 1994

By means of which the "International Convention on the Protection of the Rights of all Migrant Workers and their Families" was adopted in New York on December 18, 1990.

THE CONGRESS OF COLOMBIA,

Having regard to the text of the "International Convention on the Protection of the Rights of all Migrant Workers and their Families", made in New York on 18 December 1990.

INTERNATIONAL CONVENTION ON PROTECTION

ALL WORKERS ' RIGHTS

MIGRANTS AND THEIR RELATIVES

United Nations 1990

Preamble

States Parties to this Convention,

Taking into account the principles enshrined in the United Nations ' fundamental human rights instruments, in particular the Universal Declaration of Human Rights (1), the International Covenant on Economic Rights, Social and Cultural (2), the International Covenant on Civil and Political Rights 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 rules laid down in the relevant instruments developed within the framework of the International Labour Organisation, in particular the Convention on Migrant Workers (No. 97), the Convention on Migrations in Abusive Conditions and the Promotion of Equal Opportunities and Treatment of Migrant Workers (No. 143), the recommendation on Migrant Workers (No. 86), the recommendation on Migrant Workers (No. 151), the Convention on Forced or Mandatory Work (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 Sphere of Education, of the United Nations Educational, Scientific and Cultural Organization (6).

Remembering the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (79), the Declaration of the Fourth United Nations Congress on the Prevention of Crime and Treatment of the Offender (8), the Code of Conduct For officials charged with enforcing the Law (9) and the Conventions on Slavery (10).

Remembering that one of the objectives of the International Labour Organization, as set out 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 such organisation on issues related to migrant workers and their family members.

Recognizing the importance of the work done in relation to migrant workers and their family members in different UN bodies, particularly in the Human Rights Commission and the Social Development Committee, as well as as in the United Nations Food and Agriculture Organization, the United Nations Educational, Scientific and Cultural Organization and the World Health Organization and other international organizations.

Recognizing also the progress made by some states through regional or bilateral agreements for the protection of the rights of migrant workers and their family members, as well as the importance and usefulness of the agreements bilateral and multilateral in this area.

Understanding the importance and magnitude of the phenomenon of migration, which covers millions of people and affects a large number of states in the international community.

Aware of the impact of migratory workers ' flows on the States and peoples concerned, and desirous of establishing rules that can contribute to the harmonization of the attitudes of the States through the acceptance of the fundamental principles relating to the treatment of migrant workers and their families.

Considering the situation of vulnerability in which migrant workers and their families are often found due, inter alia, to their absence from the State of origin and to the difficulties encountered by them in the light of their presence in the State of employment.

Convinced that the rights of migrant workers and their family members have not been properly recognized everywhere and therefore require appropriate international protection.

Taking into account the fact that migration is often the cause of serious problems for the relatives of migrant workers, as well as for the workers themselves, particularly due to the dispersion of the family.

Having present that the human problems posed by migration are even more serious in the case of irregular migration, and convinced therefore that appropriate measures should be encouraged to avoid and eliminate movements and the illegal transit of migrant workers, while at the same time ensuring the protection of their fundamental human rights.

Whereas undocumented workers who are in an irregular situation are often employed in less favourable working conditions than those of other workers and that for certain undertakings this is a the incentive to seek this type of labour in order to obtain the benefits of unfair competition.

Whereas 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 recognised and the granting certain additional rights to migrant workers and their family members who are in a regular situation will encourage all migrant workers to respect and comply with the laws and procedures laid down by the Member States. interested.

Convinced, therefore, of the need to achieve the international protection of the rights of all migrant workers and their families, reaffirming and establishing fundamental norms in a broad convention that has application universal.

Have agreed to the following:

PART I.

SCOPE AND DEFINITIONS

ARTICLE 1o.

1. This Convention shall apply, except where otherwise provided for in this Convention, to all migrant workers and their families without distinction on grounds of sex, race, colour, language, religion or belief, political or other opinion nature, national origin, ethnic or social origin, nationality, age, economic situation, heritage, marital status, birth or any other condition.

2. This Convention shall apply throughout the migration process of migrant workers and their families, comprising the preparation for migration, departure, transit and the entire period of stay and exercise of a paid activity in the State of employment, as well as the return to the State of origin or the usual State of residence.

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ARTICLE 2o. For the purposes of this Convention:

1. 'Immigration worker' means any person who is to carry out, perform or have carried out a paid activity in a State of which he is not a national.

2. (a) "frontier worker" means any migrant worker who retains his habitual residence in a neighbouring State, to which he normally returns each day or at least once a week;

(b) "seasonal worker" means any migrant worker whose work, by its very nature, depends on seasonal conditions and is only carried out during part of the year;

(c) "Marine" means a term that includes fishermen, any migrant worker employed on board a vessel registered in a state of which he is not a national;

(d) "worker in a marine structure" means any migrant worker employed in a marine structure who is under the jurisdiction of a State of which he is not a national;

(e) "itinerant worker" means any migrant worker who, even if he is habitually resident in a State, has to travel to another State for short periods, due to his occupation;

(f) "Project-linked worker" means any migrant worker admitted to a State of employment for a defined period of time to work only on a specific project carried out in that State by his employer;

g) "Workers with concrete employment" means any migrant worker:

i) That you have been sent by your employer for a limited time and defined to a State of employment to perform a particular task or function;

(ii) to perform, for a limited and defined period, a job that requires professional, commercial, technical or highly specialized knowledge of another type, or

(iii) which, at the request of the employer in the State of employment, makes for a limited and defined period of time a transitional or brief work; and which must leave the State of employment upon expiry of the authorised period of his stay, or before, if he ceases to perform the particular task or function or job referenced;

(h) "self-employed person" means any migrant worker who carries out a paid activity without a contract of employment and obtains his or her subsistence through this activity, working normally alone or together with his/her family members, as well as any other migrant worker recognised as self-employed by the applicable law of the State of employment or by bilateral or multilateral agreements.

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ARTICLE 3o. This Convention shall not apply to:

(a) Persons sent or employed by international organisations and bodies and persons sent or employed by a State outside its territory to perform official functions, the admission of which and the legal status of which are regulated by General international law or specific international agreements or conventions;

(b) Persons sent or employed by a State outside their territory, or by an employer on their behalf, participating in development programmes and in other cooperation programmes, whose admission and legal status are regulated by a agreement with the State of employment and which, in accordance with this agreement, are not considered to be migrant workers;

(c) Persons who are installed in a country other than their State of origin as investors;

(d) Refugees and stateless persons, unless they are intended to be applied to such persons in the relevant national legislation of the State Party in question or in international instruments in force in that State;

e) Students and people receiving training;

(f) seafarers and workers in marine structures who have not been authorised to reside and engage in gainful employment in the State of employment.

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ARTICLE 4. For the purposes of this Convention, the term "family" refers to persons married to migrant workers or who maintain with them a relationship which, in accordance with the law (a) it shall have effect equivalent to marriage, as well as to the dependent children and other dependants recognized as family members by the applicable law or by bilateral or multilateral agreements applicable between the States of question.

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ARTICLE 5o. For the purposes of this convention, migrant workers and their families:

(a) They shall be deemed to be documented or in a regular situation if they have been authorised to enter, remain and exercise a remunerated activity in the State of employment in accordance with the laws of that State and the international agreements in which that State Status is a part;

b) They will be considered undocumented or in an irregular situation if they do not meet the conditions set out in point (a) of this article.

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ARTICLE 6o. For the purposes of this Convention:

(a) By "State of origin" means the State of which the person concerned is a national;

(b) "State of employment" means the State in which the migrant worker is to perform, perform or have carried out a paid activity, as the case may be;

(c) "State of transit" shall mean any State in which the person concerned passes on a trip to the State of employment or the State of employment to the State of origin or to the State of habitual residence.

PART II.

NO DISCRIMINATION IN RIGHTS RECOGNITION

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ARTICLE 7o. States Parties shall undertake, in accordance with international human rights instruments, to respect and ensure all migrant workers and their families who are within their territory or subject to their jurisdiction the rights provided for in this Convention, without distinction on grounds of sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social, nationality, age, economic situation, heritage, marital status, birth or any other condition.

PART III.

HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

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ARTICLE 8o.

1. Migrant workers and their families will be free to leave any State of origin. That right shall not be subject to any restriction, except those established by law, necessary to protect national security, public order, public health or morals or the rights and freedoms of others already compatible with the law. other rights recognised in this Part of the Convention.

2. Migrant workers and their families will be entitled to return at any time to their home state and remain in it.

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ARTICLE 9o. The right to life of migrant workers and their families will be protected by law.

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ARTICLE 10. No migrant or family member of his or her shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.

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ARTICLE 11.

1. No migrant or family worker will be subjected to slavery or servitude.

2. Migrant workers and their families will not be required to carry out forced or compulsory labour.

3. Paragraph 2o. This Article shall not prevent States whose legislation allows for certain offences punishable by imprisonment with forced labour to impose them in compliance with a judgment given by a competent court.

4. For the purposes of this Article, the term "compulsory or compulsory work" shall not include:

(a) No work or service, not provided for in paragraph 3o. of this article, which is normally to be performed by a person who, by virtue of a decision of ordinary justice, is detained or has been subsequently placed on probation;

b) No service required in emergency or disaster situations that threaten the life or well-being of the community;

(c) No work or service that forms part of the normal civil obligations, to the extent that it is also imposed on the citizens of the State concerned.

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ARTICLE 12.

1. Migrant workers and their families will have the right to freedom of thought, conscience and religion. That right shall include the freedom to profess or to adopt the religion or belief of your choice, as well as the freedom to manifest your religion or belief, individually or collectively, both in public and in private, through worship, celebration of rites, practices and teaching.

2. Migrant workers and their families will not be subjected to coercion that limits their freedom to profess and adopt a religion or belief of their choice.

3. The freedom to express one's religion or belief can only be subject to the limitations that are established by law and which are necessary to protect public security, order, health and morals or rights and freedoms. of the others.

4. The States Parties to this Convention undertake to respect the freedom of parents, at least one of them is an immigration worker, and, where appropriate, legal guardians to ensure that children receive religious education and moral that you agree with your own convictions.

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ARTICLE 13.

1. The right of opinion of migrant workers and their families will not be the object of any interference.

2. Migrant workers and their families will have the right to freedom of expression; this right includes the freedom to collect, receive and disseminate information and ideas of all kinds, without border restrictions, either orally, in writing or in writing. in print or art form, or by any other means of your choice.

3. The exercise of the right provided for in paragraph 2. This Article involves special obligations and responsibilities. Therefore, you may be subject to certain restrictions, provided that these restrictions have been established by law and are necessary to:

a) Respect the rights or good name of others;

b) Protect the national security of the States concerned, public order or public health or morals;

c) Prevent all propaganda in favor of war;

d) Prevent any apology for national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.

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ARTICLE 14. No migrant or family member of his or her family shall be subjected to arbitrary or illegal interference in his or her private life, family, home, correspondence or other communications or unlawful attacks against his or her family. honour and good name. All migrant workers shall be entitled to the protection of the law against such interference or attacks.

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ARTICLE 15. No migrant or family member of his or her family shall be arbitrarily deprived of his or her assets, whether they are wholly owned or in association with other persons. Where, by virtue of the legislation in force in the State of employment, the goods of an immigration worker or a family member are expropriated in whole or in part, the person concerned shall be entitled to fair and appropriate

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ARTICLE 16.

1. Migrant workers and their families will have the right to personal freedom and security.

2. Migrant workers and their families shall be entitled to effective protection of the State against any violence, bodily harm, threat or intimidation by public officials or individuals, groups or institutions.

3. The verification by the officials responsible for enforcing the law of the identity of the migrant workers or their relatives shall be carried out in accordance with the procedures established by the law.

4. Migrant workers and their families shall not be subjected, individually or collectively, to arbitrary detention or imprisonment; they shall not be deprived of their liberty, except for the reasons and in accordance with the procedures laid down by law.

5. Migrant workers and their relatives who are detained shall be informed at the time of their detention, if possible in a language they understand, of the reasons for this detention, and shall be notified promptly, in a language they understand, the accusations that have been made to them.

6. Migrant workers and their family members detained or imprisoned because of a criminal offence will be taken without delay before a judge or other official authorized by law to exercise judicial functions and have the right to be tried in a court. reasonable time or to be released. The preventive prison of persons to be tried should not be the general rule, but their freedom may be subject to guarantees that ensure the defendant's appearance at the event of the trial or at any other time of the trial. procedural steps and, where appropriate, for the execution of the judgment.

7. When an immigration worker or a family member is arrested, held in 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 representing the interests of the State of origin, shall be informed without delay, if requested by the detainee, of the detention or imprisonment and of the grounds for such a measure;

(b) The person concerned shall have the right to communicate with those authorities. Any communication addressed by the person concerned to those authorities shall be forwarded without delay, and the person concerned shall also be entitled to receive the communications of those authorities without delay;

(c) The person concerned shall be informed without delay of this right and of the rights deriving from the relevant treaties, if applicable between the States concerned, to exchange correspondence and to meet with representatives of those authorities and make representations to them for legal representation.

8. Migrant workers and their families who are deprived of their freedom by detention or imprisonment shall have the right to initiate proceedings before a court so that the court may decide without delay on the legality of their detention and order their freedom, if the detention is not legal. In the exercise of this resource, they will receive the assistance, free of charge if necessary, from an interpreter when they cannot understand or speak the language used.

9. Migrant workers and their families who have been victims of illegal detention or imprisonment will be entitled to demand compensation.

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ARTICLE 17.

1. Every migrant worker or family member of his or her own liberty will be treated humanely and with respect due to the inherent dignity of the human being and his cultural identity.

2. Migrant workers and their accused family members shall be separated from those convicted, except in exceptional circumstances, and subject to a different regime, appropriate to their status as non-convicted persons. If they are minors, they will be separated from adults and the view of their cause will take place as quickly as possible.

3. Any migrant or family worker who is detained in a state of transit or in the state of employment for violation of the provisions on migration shall be lodged, as far as possible, in premises other than those intended for: people convicted or detained people who expect to be tried.

4. During any period of imprisonment in compliance with a judgment imposed by a court, the treatment of the migrant or family worker of his or her family shall have the essential purpose of his social reform and rehabilitation. Juvenile offenders will be separated from adults and will be subject to appropriate treatment at their age and legal status.

5. During detention or imprisonment, migrant workers and their families will have the same right as nationals to receive visits from family members.

6. Where a migrant worker is deprived of his or her freedom, the competent authorities of the State concerned shall pay attention to the problems posed to their families, in particular to the spouse and minor children.

7. Migrant workers and their family members subject to any form of detention or imprisonment provided for by the laws in force in the State of employment or the State of transit shall enjoy the same rights as nationals of those States who are find in the same situation.

8. If an immigration worker or a family member is detained in order to verify an infringement of the migration provisions, they will not be responsible for the costs incurred in that procedure.

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ARTICLE 18.

1. Migrant workers and their families will have equal rights as nationals of the State concerned before the courts and 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 against them or for the determination of their civil rights or obligations.

2. Any migrant or family worker who is accused of a crime shall have the right to be presumed innocent until his guilt is proven in accordance with the law.

3. During the process, any migrant or family member of his or her accused of a crime shall be entitled to the following minimum guarantees:

a) To be informed without delay, in a language that understands and in detail, of the nature and causes of the charge formulated against them;

b) To have adequate time and means for the preparation of their defence and to communicate with a defender of their choice;

c) To be judged without undue delay;

d) To be present in the process and to defend himself personally or to be assisted by an advocate of his choice; to be informed, if he has no defender, of the right that assists him to have it, and, whenever the interest of the justice so requires, to be the name of his/her own office, free of charge if he lacked sufficient means to pay;

e) To interrogate or interrogate the witnesses of charge and to obtain the appearance of the witnesses of discharge and to be interrogated under the same conditions as the witnesses of charge;

f) To be assisted free of charge by an interpreter, but understand or speak the language used in the court;

g) Not to be forced to testify against himself or to confess guilty.

4. In the case of minors, account shall be taken of their age and the importance of promoting their social rehabilitation.

5. Any migrant or family worker found guilty of a crime shall be entitled to the conviction and penalty imposed on him to be examined by a higher court, as prescribed by law.

6. Where a judgment in a conviction against an immigration worker or a family member has been subsequently revoked or the sentenced person has been pardoned for having produced or discovered a fully evidentiary fact of the commission of an error the court, who has suffered a penalty as a result of such a sentence, must be compensated in accordance with the law, unless it is shown that it is imputable to him in all or in part that the unknown fact has not been revealed in due time.

7. No migrant or family member of his or her family may be tried or punished for a crime for which he has already been convicted or acquitted by a firm judgment in accordance with the law and criminal procedure of the State concerned.

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ARTICLE 19.

1. No migrant or family member of his or her family shall be convicted of acts or omissions which at the time of being committed are not criminal according to national or international law; nor shall it be imposed more serious than the applicable law at the time of the commission. If the law provides for the imposition of a lighter penalty after the commission of the offence, the person concerned shall benefit from that provision.

2. When issuing a conviction for a crime committed by an immigration worker or a family member of his or her family, consideration must be given to the humanitarian aspects related to his or her condition, in particular with regard to his or her right of residence or job.

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ARTICLE 20.

1. No migrant or family worker will be imprisoned for the sole failure to fulfil a contractual obligation.

2. No migrant or family member of his or her family shall be deprived of his or her authorization of residence or work permit or expelled for the sole purpose of failing to comply with an obligation under a contract of employment, unless compliance with that obligation is a required condition for such authorization or permission.

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ARTICLE 21.

No person who is not a public official duly authorized by law may confiscate, destroy or attempt to destroy identity documents, permits for entry, stay, residence or stay in the territory of a country or work permits. Where the confiscation of such documents is authorized, it may not be effected without the prior delivery of a detailed receipt. In no case will it be allowed to destroy the passport or equivalent document of an immigration worker or a relative of his.

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ARTICLE 22.

1. Migrant workers and their families may not be subject to collective expulsion measures. Each expulsion case will be examined and decided individually.

2. Migrant workers and their families may only be expelled from the territory of a State Party in compliance with a decision taken by the competent authority in accordance with the law.

3. The decision will be communicated to them in a language they can understand. They shall be notified in writing if they so request and this is not compulsory for another concept and, except in exceptional circumstances justified on grounds of national security, the reasons for the decision shall also be indicated. The persons concerned shall be informed of these rights before the decision is taken or, at the latest, at that time.

4. Except where a judicial authority makes a final decision, the persons concerned shall have the right to state the reasons for opposing their expulsion, and to submit their case for review to the competent authority, unless National security empires are opposed to it. Until such review is made, they shall be entitled to request that the execution of the expulsion decision be suspended.

5. Where an expulsion decision has been subsequently revoked, the person concerned shall be entitled to claim compensation in accordance with the law, and the above decision shall not be enforced in order to prevent that person from returning to the State in question.

6. In the event of expulsion, the person concerned shall have a reasonable opportunity, before or after the departure, to arrange for payment of the wages and other benefits due to him and the fulfilment of his outstanding obligations.

7. Without prejudice to the execution of an expulsion decision, the migrant or family worker who is the subject of the expulsion decision may apply for authorisation to enter a State other than his State of origin.

8. The costs to which the procedure for the expulsion of a migrant worker or a family member of his family shall not be borne by him. You may be required to pay your own travel expenses.

9. The expulsion of the State of employment shall not in itself prejudice any of the rights acquired under the legislation of that State by an immigration worker or a family member, including the right to receive wages and other capabilities that are owed to you.

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ARTICLE 23. Migrant workers and their families shall be entitled to the protection and assistance of the consular or diplomatic authorities of their State of origin, or of the State representing them. the interests of that State, in all cases where the rights recognised in this Convention are undermined. In particular, in the event of expulsion, the person concerned shall be informed without delay of that right, and the authorities of the sending State shall facilitate the exercise of that right.

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ARTICLE 24. Migrant workers and their family members shall be entitled, everywhere, to the recognition of their legal personality.

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ARTICLE 25.

1. Migrant workers shall enjoy a treatment which is not less favourable than that received by nationals of the State of employment in respect of remuneration and:

(a) Other working conditions, i.e. overtime, working hours, weekly rest, paid leave, security, health, end of employment relationship and any other working conditions which, under the legislation and the national practice, are included in this term;

(b) Other conditions of employment, i.e. minimum age of employment, restriction of work at home and any other matters which, in accordance with national law and practice, are considered to be conditions of employment.

2. The principle of equal treatment referred to in paragraph 1 shall not be legal prejudice to private employment contracts. of this Article.

3. The States Parties shall take all appropriate measures to ensure that migrant workers are not deprived of any rights arising from this principle because of irregularities in their permanence or employment. In particular, employers will not be exempt from any legal or contractual obligations, nor will their obligations be limited in any way because of any such irregularities.

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ARTICLE 26.

1. States Parties shall recognise the right of migrant workers and their families to:

(a) Participate in the meetings and activities of the trade unions or any other associations established in accordance with the law, with a view to protecting their economic, social, cultural and other interests, subject only to the rules of the relevant organisation;

b) Free membership of any trade union or any of the above associations, subject only to the rules of the relevant organisation;

c) Request assistance and assistance from any union or any of the associations mentioned.

2. The exercise of such rights may only be subject to the restrictions provided for by law which are necessary in a democratic society in the interests of national security or public order or to protect the rights and freedoms of others.

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ARTICLE 27.

1. Migrant workers and their families shall enjoy in the State of employment, in respect of social security, the same treatment as nationals in so far as they fulfil the conditions laid down in the applicable legislation of that State or in the Bilateral and multilateral treaties applicable.

The competent authorities of the State of origin and the State of employment may at any time take the necessary measures to determine the detailed rules for applying this rule.

2. Where the applicable legislation does not allow migrant workers or their family members to benefit from any benefit, the State in question, on the basis of the treatment of nationals who are in a similar situation, shall consider the possibility to reimburse them for the amount of contributions they have contributed in relation to these benefits.

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ARTICLE 28. Migrant workers and their families will be entitled to any urgent medical care that is necessary to preserve their lives or to prevent irreparable damage to their health. under conditions of equal treatment with nationals of the State concerned. Such emergency medical attention may not be denied for reasons of irregularity in terms of permanence or employment.

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ARTICLE 29. All children of migrant workers shall have the right to have a name, to the registration of their birth, and to have a nationality.

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ARTICLE 30. All children of migrant workers shall enjoy the fundamental right of access to education on equal treatment with nationals of the State concerned. The access of the children of migrant workers to pre-school institutions or public schools may not be refused or limited because of the irregular situation with regard to the permanence or employment of any of the parents, or the irregular character of the child's stay in the State of employment.

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ARTICLE 31.

1. The States Parties shall ensure that the cultural identity of migrant workers and their family members is respected and shall not prevent them from maintaining cultural links with their home States.

2. States Parties may take appropriate measures to assist and encourage efforts in this respect.

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ARTICLE 32. Migrant workers and their families, upon termination of their stay in the State of employment, shall be entitled to transfer their income and savings and, in accordance with the applicable law of the States concerned, their personal effects and other belongings.

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ARTICLE 33.

1. Migrant workers and their family members shall have the right to provide information to the State of origin, the State of employment or the State of transit, as appropriate, to:

(a) Your rights under this Convention;

(b) The conditions laid down for their admission, their rights and obligations under the law and practice of the State concerned and any other matters which enable them to carry out administrative or other formalities in that State.

2. States Parties shall take all measures they consider appropriate to disseminate the above information or to ensure that it is provided by appropriate employers, trade unions or other bodies or institutions. They shall cooperate with the other States concerned.

3. Appropriate information will be provided to migrant workers and their families who request it for free and, as far as possible in a language they can understand.

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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 States of transit and the State of employment or of the obligation to respect the cultural identity of the inhabitants of those States.

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ARTICLE 35. None of the provisions of this part of the Convention shall be construed as meaning that the situation of migrant workers or their family members is regularised. documented or in an irregular situation or the right to have their situation regularized, nor will it undermine the measures aimed at ensuring the satisfactory and equitable conditions for international migration provided for in Part VI of the Present Convention.

PART IV.

OTHER RIGHTS OF MIGRANT WORKERS AND THEIR FAMILY MEMBERS

DOCUMENTED OR IN REGULAR SITUATION

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ARTICLE 36. Migrant workers and their family members who are documented or are in a regular situation in the State of employment shall enjoy the rights set out in this Part of the Convention, in addition to those set out in Part III.

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ARTICLE 37. Before departure, or at the latest at the time of admission to the State of employment, migrant workers and their families shall be entitled to be fully informed by the State of origin. or by the State of employment, as appropriate, of all the conditions applicable to its admission and, in particular, of those relating to their stay and the remunerated activities they may carry out, as well as of the requirements to be fulfilled by the State of employment and the authorities to which they should be directed to change these conditions.

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ARTICLE 38.

1. The Member States of employment shall make every effort to authorise migrant workers and their family members to be temporarily absent without prejudice to the authorisation they have to remain or to work, as the case may be. In doing so, the Member States of employment must bear in mind the special needs and obligations of migrant workers and their families in particular in their home States.

2. Migrant workers and their family members shall be entitled to be fully informed of the conditions under which such temporary absences are authorised.

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ARTICLE 39.

1. Migrant workers and their families shall be entitled to freedom of movement within the territory of the State of employment and to freely choose their residence.

2. The rights referred to in paragraph 1. of this Article shall not be subject to any restriction except those established by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others and are congruent with the other rights recognized in this Convention.

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ARTICLE 40.

1. Migrant workers and their families will have the right to establish associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interests.

2. Restrictions shall not be imposed on the exercise of that right, except those prescribed by law and necessary in a democratic society in the interests of national security or public order or in order to protect the rights and freedoms of others.

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ARTICLE 41.

1. Migrant workers and their families shall have the right to participate in the public affairs of their State of origin and to vote and be elected in elections held in that State, in accordance with their legislation.

2. The States concerned shall provide, as appropriate and in accordance with their legislation, the exercise of those rights.

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ARTICLE 42.

1. States Parties shall consider the possibility of establishing procedures or institutions to take account of the special needs, aspirations or obligations of the Member States, both in the Member States of origin and in the Member States of employment. migrant workers and their families, and will also consider, as appropriate, the possibility for migrant workers and their family members to have their own freely elected representatives in these institutions.

2. The Member States of employment shall provide, in accordance with their national legislation, the consultation or participation of migrant workers and their families in decisions relating to 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 their sovereignty, grants them such rights.

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ARTICLE 43.

1. Migrant workers shall enjoy equal treatment in respect of nationals of the State of employment in relation to:

(a) Access to educational institutions and services, subject to the requirements of admission and other regulations of the institutions and services concerned;

b) Access to career guidance and placement services;

c) Access to professional training and retraining services and institutions;

d) Access to housing, including social housing schemes, and protection against exploitation in the field of rent;

e) Access to health and social services, provided that the requirements for participation in the relevant plans have been met;

(f) Access to cooperatives and enterprises under self-management, without this being a change in their status as migrant workers and subject to rules and regulations because the bodies concerned are governed;

g) Access to cultural life and participation in it.

2. States Parties shall promote conditions which ensure effective equality of treatment so that migrant workers can enjoy the rights set out in paragraph 1. of this Article, provided that the conditions laid down for their stay, in accordance with the authorisation of the State of employment, satisfy the relevant requirements.

3. States of employment shall not prevent an employer of migrant workers from installing housing or social or cultural services for them. Subject to the provisions of Article 70 of this Convention, the State of employment may make the installation of those services subject to the conditions generally required in that State in relation to its installation.

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ARTICLE 44.

1. The States Parties, recognizing that the family is the natural and fundamental basic group of society and is entitled to protection by society and the State, shall take appropriate measures to ensure the protection of the family of the migrant worker.

2. The States Parties shall take the measures they deem appropriate and enter into the sphere of their competence to facilitate the meeting of migrant workers with their spouses or with those persons who maintain with the migrant worker a relationship which, in accordance with the applicable law, produces effects equivalent to marriage, as well as with their unmarried children under their age.

3. The Member States of employment shall, for humanitarian reasons, consider it favourable to grant treatment equal to that provided for in paragraph 2. of this article to other relatives of migrant workers.

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ARTICLE 45.

1. Family members of migrant workers shall enjoy equal treatment in the State of employment in respect of nationals of that State in relation to:

(a) Access to educational institutions and services, subject to the requirements of entry and other standards of the institutions and services concerned;

b) Access to vocational guidance and training institutions and services, provided that the requirements for participation are met;

c) Access to health and social services, provided that the requirements for participation in the relevant plans are met;

d) Access to and participation in cultural life.

2. The Member States of employment, in cooperation with the Member States of origin where appropriate, will implement a policy aimed at facilitating the integration of the children of migrant workers into the local school system, particularly as regards the teaching of the local language.

3. The Member States of employment shall endeavour to provide the children of migrant workers with the teaching of their mother tongue and culture and, where appropriate, the States of origin shall cooperate with them.

4. The Member States of employment may lay down special plans for teaching in the mother tongue of the children of migrant workers, in collaboration with the States of origin if necessary.

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ARTICLE 46.

Migrant workers and their family members shall be exempt, subject to the applicable law of the States concerned and to the relevant international agreements and obligations of such States, from their participation in the customs unions, the payment of duties and taxes in respect of imports and exports for their personal and household effects, as well as for the equipment necessary for the performance of the paid activity for which they would have been admitted to the State of employment:

a) At the time of departure from the State of origin or the usual State of residence;

b) At the time of initial admission to the State of employment;

c) At the time of their final exit from the State of employment;

d) At the time of its final return to the home state or the usual state of residence.

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Provisions analyzed by the Legal Advance Casa Editorial Ltda. ©
"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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