7. Rights most relevant to temporary migrant workers under the AEWV scheme In this section the rights most relevant to the Accredited Employer Work Visa (AEWV) scheme are identified and explained. 7.1 Right to equality and freedom from discrimination The principle of non-discrimination is set out in the International Covenant on Economic, Social and Cultural Rights (ICESCR)68 and the International Covenant on Civil and Political Rights (ICCPR).69 While not yet ratified by New Zealand, the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides guidance on how principles of equality and non-discrimination can apply to migrant workers, for example the convention provides that migrant workers shall receive no less favourable treatment than people national to the State: • • 16 in remuneration and other conditions of work70 in access to housing and protection against exploitation in respect of rents, and access to social and health services (provided they meet the requirements for participation).71 The State is also required to promote conditions to ensure effective equality of treatment to enable migrant workers to enjoy these rights.72 7.2 Right to work, and to just and favourable conditions of work Article 6 of the ICESCR provides the right to work including the right of everyone to gain their living by work which they freely choose or accept. Article 7 provides for just and favourable conditions of work, including: • fair wages and equal remuneration for work of equal value • safe and healthy working conditions • equal opportunity for everyone to be promoted to an appropriate higher level, subject to no considerations other than those of seniority and competence • rest, leisure and reasonable limitation of working hours, and periodic holidays with pay, as well as remuneration for public holidays. 7.3 Right to an adequate standard of living The right to an adequate standard of living is guaranteed under Article 11.1 of the ICESCR. It includes adequate food, clothing and housing, and the continuous improvement of living conditions. Te Kāhui Tika Tangata Human Rights Commission (the Commission) conducted an inquiry into the right to a decent home in Aotearoa.73 The guidelines produced clarify that the right to housing, includes a right to a healthy, secure, affordable, accessible and decent home.74 68 Article 2.2. 69 Article 26. 70 Article 25.1 71 Article 43.1 72 Article 43.2 73 New Zealand Human Rights Commission, Aratohu tika tangata ki te whai whare rawaka i Aotearoa, Framework Guidelines on the right to a decent home in Aotearoa, August 2021. https://tikatangata.org.nz/our-work/framework-guidelines-on-the-rightto-a-decent-home-in-aotearoa. 74 Ibid, p 11. The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review