ICESCR

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Adopted and opened for signature, ratification and accession by General Assembly Resolution 2200A (XXI) of 16 December 1966. Entry into force on 3 January 1976, in accordance with article 27. With regard to migrant workers: see articles 6, 7, 8, 9, 10, 11.

Status of ratification, reservations and declarations

The implementation of the ICESCR by its States parties is carried out by The Committee on Economic, Social and Cultural Rights (CESCR), established under the United Nations Economic and Social Council (ECOSOC) Resolution 1985/17 of 28 May 1985.

CESCR migrant focus is on working conditions. It considers that non-nationals should enjoy economic, social and cultural rights (i.e. minimum wage, health and maternal benefits, pension benefits, unemployment benefits and safe working conditions) on an equal footing with nationals. For further information on the topic see The UN Treaty Monitoring Bodies and Migrants Workers: a Samizdat.

Main CESCR’s General Comments concerning migrants:

• CESCR General Comment N. 14 (2000), the Right to the Highest Attainable Standard of Health (art. 12 of the ICESCR). It states: “States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including prisoners or detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative health services.”
• CESCR General Comment N. 16 (2005), The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3 of the ICESCR) reads: “The principle of non- discrimination is the corollary of the principle of equality. Subject to […] temporary special measures, it prohibits differential treatment of a person or group of persons based on his/her or their particular status or situation, such as race, colour, sex, language, religion, political and other opinion, national or social origin, property, birth, or other status, such as age, ethnicity, disability, marital, refugee or migrant status.”
• CESCR General Comment N. 18 (2005), the Right to Work (art. 6 of the ICESCR) affirms that “The principle of non discrimination as set out in Article 2.2 of the Covenant (…) should apply in relation to employment opportunities for migrant workers and their families. In this regard the Committee underlines the need for national plans of action to be devised to respect and promote such principles by all appropriate measures, legislative or otherwise” and that “States parties are under the obligation to respect the right to work by, inter alia, prohibiting forced or compulsory labour and refraining from denying or limiting equal access to decent work for all persons, especially disadvantaged and marginalized individuals and groups, including prisoners or detainees, members of minorities and migrant workers”.
• CESCR General Comment N. 19 (2007), The right to social security (art. 9 of the ICESCR), after having asserted migrants’ right to have physical access to the social security services, prohibits discrimination declaring that “Where non-nationals, including migrant workers, have contributed to a social security scheme, they should be able to benefit from that contribution or retrieve their contributions if they leave the country” and that “States parties should ensure that the right to social security is given due attention in international agreements and, to that end, should consider the development of further legal instruments. The Committee notes the importance of establishing reciprocal bilateral and multilateral international agreements or other instruments for coordinating or harmonizing contributory social security schemes for migrant workers”.
• CESCR General Comment N. 20 (2009), Non-Discrimination in Economic, Social and Cultural Rights (art. 2 of the ICESCR), insists on the principle of non-discrimination in the enjoyment of economic, social and cultural rights clarifying once more that “The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation”.

Documents and links:

- Fact Sheet No.16 (Rev.1), The Committee on Economic, Social and Cultural Rights

- NGO participation in the activities of the Committee on Economic, Social and Cultural Rights

- International Network for Economic, Social and Cultural Rights (ESCR-Net)

ICCPR

International Covenant on Civil and Political Rights (ICCPR)

Adopted and opened for signature, ratification and accession by General Assembly Resolution 2200A (XXI) of 16 December 1966. Entry into force on 23 March 1976, in accordance with article 49. With regard to migrant workers: see articles 8, 13, 14, 21, 22, 26, 27.

Status of ratification, reservations and declarations

The Human Rights Committee (CCPR) is the body that monitors implementation of the International Covenant on Civil and Political Rights by its State parties.

CCPR gives attention to various forms of discrimination in the access to civil and political rights guaranteed in the Covenant affecting non-citizens in general and undocumented migrants in particular. It examines issues such as trafficking, detention, expulsion, deportation, ill-treatment by law enforcement officials and impact of antiterrorism laws. For further information on the topic see The UN Treaty Monitoring Bodies and Migrants Workers: a Samizdat.

Main CCPR’s General Comments concerning migrants:

• CCPR General Comment N. 15 (1986), The position of Aliens under the Covenant, affirms in its opening paragraph: «Reports from States Parties have often failed to take into account that each State Party must ensure the rights in the Covenant to “all individuals within its territory and subject to its jurisdiction” (Art. 2 para. 1). In general, the rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of his or her nationality or statelessness. »
• CCPR General Comment N. 23 (1994), The rights of minorities (art. 27 of the ICCPR), reads «Article 27 confers rights on persons belonging to minorities which "exist" in a State party. Given the nature and scope of the rights envisaged under that article, it is not relevant to determine the degree of permanence that the term "exist" connotes. (…) Thus, migrant workers or even visitors in a State party constituting such minorities are entitled not to be denied the exercise of those rights. As any other individual in the territory of the State party, they would, also for this purpose, have the general rights, for example, to freedom of association, of assembly, and of expression. »
• CCPR General Comment N. 32 (2007), Right to equality before courts and tribunals and to a fair trial (art. 14 of the ICCPR), states that “The right of access to courts and tribunals and equality before them is not limited to citizens of States Parties, but must also be available to all individuals, regardless of nationality or statelessness, or whatever their status, whether asylum seekers, refugees, migrant workers, unaccompanied children or other persons, who may find themselves in the territory or subject to the jurisdiction of the State party.”

Documents and links:

- Fact Sheet No.15 (Rev.1), The Human Rights Committee

CEDAW

International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979. Entry into force on 3 September 1981, in accordance with article 27(1). With regard to migrant workers: see article 11.

Status of ratification, reservations and declarations  

The International Convention on the Elimination of All Forms of Discrimination Against Women’s Treaty Monitoring body is the Committee on the Elimination of Discrimination against Women (CEDAW).

CEDAW’s main issues of concern regarding women migrants are trafficking and sexual exploitation. The Committee provides a detailed analysis of the causes of vulnerability of women to traffickers and of the various measures to combat trafficking, punish perpetrators and protect victims, lists minimal labour rights women migrants should enjoy, analyzes the causes of migration and the measures towards respect of the human rights of women migrants. For further information on the topic see The UN Treaty Monitoring Bodies and Migrants Workers: a Samizdat.

Main CEDAW’s General Comments concerning migrants:

• CEDAW General Comment N. 21 (1994), Equality in marriage and family relations, states: “Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.”
• CEDAW General Comment N. 24 (1999), Women and health, affirms that “special attention should be given to the health needs and rights of women belonging to vulnerable and disadvantaged groups, such as migrant women, refugee and internally displaced women, the girl child and older women, women in prostitution, indigenous women and women with physical or mental disabilities.”

Documents and links:

- Division for the Advancement of Women (DAW)

CAT

International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 

Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984. Entry into force on 26 June 1987, in accordance with article 27(1). With regard to migrant workers: see articles 3 and 6.

Status of ratification, reservations and declarations

The Committee Against Torture (CAT) is the body that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  by its State parties.

CAT ‘s migrant-related issues are mostly concluding observations on European countries and on conditions of detention and removal of foreigners in an irregular situation: detention and procedures of expulsion often break the Convention, especially regarding discriminatory practices and non-refoulement clause. The Committee also expresses concerns about the difficulties faced by victims of abuse to obtain redress and adequate compensation, in particular when they are immigrants. For further information on the topic see The UN Treaty Monitoring Bodies and Migrants Workers: a Samizdat.

Main CAT’s General Comments concerning migrants:

• CAT General Comment N. 1 (1997), Implementation of article 3 of the Convention in the context of article 22, declares: “No State Party shall expel, return (refouler) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

Documents and links:

- Fact Sheet No.17,  The Committee against Torture

- The Optional Protocol to the Convention creates the Subcommittee on Prevention of Torture (SPT), that has a mandate to visit places where persons are deprived of their liberty in the States parties

- Participation of non-governmental organizations (NGOs) and National Human Rights Institutions (NHRIs) to the reporting process to the Committee against Torture

CRC

International Convention on the Rights of the Child (CRC)

Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989. Entry into force on 2 September 1990, in accordance with article 49. With regard to migrant workers: see articles 7, 9, 10, 15, 27, 28, 29, 30, 32.

Status of ratification, reservations and declarations

The Committee on the Rights of the Child (CRC) monitors implementation of the Convention on the Rights of the Child by its State parties. It also monitors implementation of two optional protocols to the Convention, on involvement of children in armed conflict and on sale of children, child prostitution and child pornography.

The main concern of the Committee is discrimination in access to adequate social services, in particular health and education, for migrant children, notably for irregular migrant children. Other concerns of CRC are trafficking, the issue of birth registration for undocumented migrant children and children born of foreign parents, child labour and economic exploitation, the situation of migrant children in immigrant reception centres and in detention, children left with relatives or institution by parents that emigrate. The Committee often refers to the situation of vulnerability of migrant children and unaccompanied minors and expresses concern at the legal standards, administrative frameworks and procedures that fail to ensure their protection and insists most on a good dissemination of information about the Convention. For further information on the topic see The UN Treaty Monitoring Bodies and Migrants Workers: a Samizdat.

Main CRC’s General Comments concerning migrants:

• CRC General Comment N. 3 (2003), HIV/AIDS and the rights of the children, states that: “Vulnerability to HIV/AIDS is more acute for a number of children, including migrant children, and underlines their need for special protection.”
• CRC General Comment N. 6 (2005), Treatment of unaccompanied and separated children outside their country of origin, affirms that “State obligations under the Convention apply to each child within the State’s territory and to all children subject to its jurisdiction (art. 2). (…)Therefore, the enjoyment of rights stipulated in the Convention is not limited to children who are citizens of a State party and must therefore, if not explicitly stated otherwise in the Convention, also be available to all children - including asylum-seeking, refugee and migrant children - irrespective of their nationality, immigration status or statelessness.”
• CRC General Comment N. 12 (2009), The right of the child to be heard, as regards children in immigration and asylum proceedings, asserts that “Children who come to a country following their parents in search of work or as refugees are in a particularly vulnerable situation. For this reason it is urgent to fully implement their right to express their views on all aspects of the immigration and asylum proceedings. In the case of migration, the child has to be heard on his or her educational expectations and health conditions in order to integrate him or her into school and health services. (…)The Committee emphasizes that these children have to be provided with all relevant information, in their own language, on their entitlements, the services available, including means of communication, and the immigration and asylum process, in order to make their voice heard and to be given due weight in the proceedings. A guardian or adviser should be appointed, free of charge.”

Documents and links:

- Fact Sheet No.10 (Rev.1), The Rights of the Child

- NGO Group for the Convention on the Rights of the Child

ICERD

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 

Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965. Entry into force 4 January 1969, in accordance with article 19. With regard to migrant workers: see article 5.

Status of ratification, reservations and declarations

The implementation of the International Convention on the Elimination of All Forms of Racial Discrimination by its State parties is monitored by the Committee on the Elimination of Racial Discrimination (CERD)

CERD conclusions deal first with growing racism and intolerance of host populations towards foreigners and it recommends that States adopt various measures and criminalize violence. Secondly, the Committee focuses on the enjoyment of the rights set forth by the Convention by foreigners, with increasing attention to the specific case of migrant workers, and especially on the right to security of person under Article 5b of CERD and economic, social and cultural rights under Article 5e. According to the Committee, discrimination against migrants is noted in the areas of education; employment and housing; access to public services; land property; social security benefits. The Committee affirms that migrant workers should enjoy the same labour protection, equality before the law and equality in the exercise of the rights and freedoms as national workers. For further information see The UN Treaty Monitoring Bodies and Migrants Workers: a Samizdat.

Main CERD’s General Comments concerning migrants:

• CERD General Recommendation N. 30 (2004), Discrimination Against Non Citizens, clarifies general principles of the Convention that States Parties have to respect in regards of non-citizens, dealing in particular with issues of protection against hate speech and racial violence, access to citizenship, administration of justice, expulsion and deportation of noncitizens, economic, social and cultural rights. It recommends also that States Parties adopt a set of measures to “Ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens are not subjected to racial or ethnic profiling or stereotyping.”

Documents and links:

- Fact Sheet No.12, The Committee on the Elimination of Racial Discrimination

- Anti-Racism Information Service (ARIS)

- GADEM:

EN: Note for the Committee on the Elimination of Racial Discrimination in light of the 17th and 18th reports submitted by Morocco

FR: Note àl'intention du Comité de lutte contre les discriminations raciales en vue de l'examen des 17ème et 18ème rapports présentés par le Maroc

CRPD

Convention on the Rights of Persons with Disabilities (CRPD) 

Adopted on 13 December 2006 during the sixty-first session of the General Assembly by resolution A/RES/61/106. Entry into force 3 May 2008, in accordance with article 45(1). With regard to migrant workers: see article 18.

Status of ratification, reservations and declarations

The Committee on the Rights of Persons with Disabilities (CRPD) is the body that monitors implementation of the Convention by the States Parties.

Documents and links:

- FAQ about the CRPD

- Optional Protocol to the CRPD

- UN Enable

- The Special Rapporteur on Disability of the Commission for Social Development

Universal Human Rights Index of UN Documents and other ways to search

The Universal Human Rights Index provides instant access for all countries to human rights information from the United Nations system. The index is based on the observations and recommendations of the following international expert bodies:

• the seven Treaty Bodies monitoring the implementation of the core international human rights treaties (since 2000)
• the Special Procedures of the Human Rights Council (since 2006)

You can access the information by country, by rights and by body. Click here.

Searching for Treaty Body documents can be done on this site

The International Service for Human Rights (ISHR) offers up-to-date information on the activities of the Treaty Monitoring Bodies. It published a Simple Guide to the UN Treaty Bodies, that provide human rights defenders and their organisations with a broad overview of the UN human rights treaty body system and other useful information, such as the relationship between the treaty bodies and other UN human rights mechanisms, a glossary and e-resources for further reference. The Simple Guide is available in English and French (last update July 2010).