States through the acceptance of basic principles concerning the treatment of migrant
workers and members of their families,
Considering the situation of vulnerability in which migrant workers and members of their
families frequently-find themselves owing, among other things, to their absence from their
State of origin and to the difficulties they may encounter arising from their presence in the
State of employment,
Convinced that the rights of migrant workers and members of their families have not been
sufficiently recognized everywhere and therefore require appropriate international
protection,
Taking into account the fact that migration is often the cause of serious problems for the
members of the families of migrant workers as well as for the workers themselves, in
particular because of the scattering of the family,
Bearing in mind that the human problems involved in migration are even more serious in
the case of irregular migration and convinced therefore that appropriate action should be
encouraged in order to prevent and eliminate clandestine movements and trafficking in
migrant workers, while at the same time assuring the protection of their fundamental
human rights,
Considering that workers who are non-documented or in an irregular situation are
frequently employed under less favourable conditions of work than other workers and that
certain employers find this an inducement to seek such labour in order to reap the benefits
of unfair competition,
Considering also that recourse to the employment of 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 members of their families in a regular situation will encourage all
migrants and employers to respect and comply with the laws and procedures established by
the States concerned,
Convinced, therefore, of the need to bring about the international protection of the rights
of all migrant workers and members of their families, reaffirming and establishing basic
norms in a comprehensive convention which could be applied universally,
Have agreed as follows:
PART I:
Scope and Definitions
Article 1
1. The present Convention is applicable, except as otherwise provided hereafter, to all
migrant workers and members of their families without distinction of any kind such as sex,
race, colour, language, religion or conviction, political or other opinion, national, 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 members of their families, which comprises preparation for migration,
departure, transit and the entire period of stay and remunerated activity in the State of
employment as well as return to the State of origin or the State of habitual residence.
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