The International Convention on the Protection of the Rights .ppt

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1、The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,Migrant Workers,Migration Trends,Approximately 175 million international migrants *,Approximately 2.0 % of the worlds population, or one in every 35 persons are international migrants *,

2、* United Nations Population Division, 2000 * International Organization for Migration, 2003,Migrant Workers,UN Commission on Human Rights,Special Rapporteur on the human rights of migrants,Special Rapporteur on trafficking in persons, especially on women and children,Migrant Workers,In December 1990

3、, the GA adopted the International Convention on the Protection of the Rights of All Migrant Workers and members of Their Families and it was opened for signature by all Member States.,About the Convention,Migrant Workers,The Convention entered into force on 1 July 2003,Entry into Force,Status of Ra

4、tification,32 States are party to the Convention as of 14 September 2005,Migrant Workers,A Comprehensive International Treaty,Scope of the Convention,Sets standards that are applicable in individual States Parties,Reflects existing principles established by previous human rights instruments,Migrant

5、Workers,Defines the rights of migrant workers before departure, in transit, and in the country of employment,Scope of the Convention,Establishes obligations for countries of origin, transit, and employment,Migrant Workers,“a person who is to be engaged, is engaged or has been engaged in a remunerate

6、d activity in a State of which he or she is not a national”,Definition of “Migrant Worker”,Article 2, Para. 1:,Migrant Workers,(a) Documented,MWs are considered either:,or in a regular situation if they are authorized to enter, to stay and to engage in a remunerated activity in the State of employme

7、nt pursuant to the law of that State and to international agreements to which that State is a party;,Article 5:,Migrant Workers,(b) Non-Documented,or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of the present article,MWs are considered either:

8、,Article 5:,Migrant Workers,Basic Principle,Migrant Workers,Rights of all migrant workers and members of their families,General Human Rights: Such as,Right to life (Art. 9) Prohibition of torture or cruel, inhuman or degrading treatment (Art. 10) Prohibition of slavery (Art. 11) Freedom of thought,

9、conscience & religion (Art. 12) Freedom of opinion & expression (Art. 13) Right to liberty and security of person (Art. 16),Migrant Workers,Rights of all migrant workers and members of their families,Specific Human Rights: Such as,Protection from the destruction of IDs and other documents (Art. 21)

10、Prohibition of collective expulsion (Art. 22) Right to participate in trade unions (Art. 26) Right to receive urgent medical care (Art. 28) Right of child to a name, to registration of birth, to a nationality, and access to education (Art. 29, 30),Migrant Workers,Rights of documented migrant workers

11、 and members of their families,Such as,Right to form associations and trade unions (Art. 40) Right to participate in public affairs and elections of their state of origin (Art. 41) Protection of the unity of the families of migrant workers (Art. 44),Migrant Workers,The CMW is the body of independent

12、 experts that monitors implementation of the Convention by its States Parties,Committee on Migrant Workers:,Article 72, Para 1:,Migrant Workers,The CMW is composed of 10 experts,Committee on Migrant Workers:,The members are elected by States Parties,Article 72, Para 1:,Migrant Workers,The CMW held i

13、ts inaugural session in March 2004,Committee on Migrant Workers:,The CMW examines States Parties reports,The CMW cooperates with other UN agencies and inter-governmental organizations,Migrant Workers,States Parties undertake, in accordance with the international instruments concerning human rights,D

14、uties of States Parties,To respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind,Article 7:,Migrant Workers,States Parties to the Convention

15、undertake to:,Duties of States Parties,Ensure that migrant workers whose rights have been violated shall have an effective remedy,Article 83:,Migrant Workers,States Parties to the Convention undertake to:,Duties of States Parties,Adopt the necessary measures to implement the provisions of the Conven

16、tion,Article 84:,Migrant Workers,States Parties to the Convention undertake to:,Duties of States Parties,Submit regular reports to the Committee on Migrant Workers (CMW) on how the rights are being implemented,Article 73:,Migrant Workers,1- Promotion of the rights in the Convention,Challenges,2- Removing obstacles to the ratification of the Convention,3- Implementation,