adolescents, the right to an adequate standard of living including adequate food and clothing, and certain cultural rights. The Convention does not provide for such rights only in relation to migrant workers in a regular situation. In addition, the Covenant recognizes the rights to work, to vocational guidance and training, to form trade unions, to protection of the family, to housing, and to participate in cultural life. The Convention recognizes these rights in relation to migrant workers in a regular situation and members of their families. In addition, most of the economic, social and cultural rights in Part III of the Convention have a narrower scope than their counterparts in the Covenant. Regional human rights treaties 11. Regional human rights treaties protect all migrants against refoulement13 and collective expulsion.14 However, the procedural safeguards in individual expulsion proceedings in regional human rights treaties apply only to migrants who are lawfully within the territory of a State party.15 The rights protected in the European Social Charter apply to “foreigners only insofar as they are nationals of other Contracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned”, or to migrant workers and their families “lawfully within their territories”.16 The opinions of the European Committee of Social Rights, however, have held that the European Social Charter also applies to vulnerable categories of undocumented migrant children. Moreover, the right to education is guaranteed to all migrant children, regardless of their migration status, in all regional human rights systems.17 International Labour Organization 12. International labour standards adopted by the International Labour Conference of the International Labour Organization (ILO) apply to migrant workers, including those in an irregular situation, unless otherwise stated. The fundamental principles and rights at work set out in the eight fundamental ILO Conventions18 apply to all migrant workers, irrespective of their nationality and migration status. The 1998 ILO Declaration on fundamental principles and rights at work and its follow-up requires all ILO member States to promote and realize the principles concerning the fundamental rights enshrined in these Conventions. A number of other ILO standards of general application and those containing specific provisions on migrant workers in the areas of employment, labour inspection, social security, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants, and domestic work, are of particular importance to migrant workers in an irregular situation.19 Lastly, in formulating national laws and policies concerning labour migration and the protection of migrant workers in an irregular situation, States are also guided by ILO Convention No. 97 (1949) concerning Migration for Employment (Revised), 20Convention No. 143 (1975) concerning Migrations 13 See European Convention on Human Rights (ECHR), art. 3; American Convention on Human Rights (ACHR), art. 22, para. 8; and African Charter on Human and Peoples’ Rights (ACHPR), art. 5. 14 See Protocol No. 4 to ECHR, art. 4; ACHR, art. 22(9); ACHPR, art. 12(5); and Arab Charter on Human Rights (Arab Charter), art. 26(1). 15 See Protocol No. 7 to ECHR, art. 1; ACHR, art. 22(6); ACHPR, art. 12(4); and the Arab Charter, art. 26(2). 16 European Social Charter, arts. 19(4-9), and the appendix. 17 See Protocol No. 1 to ECHR, art. 2 (read in conjunction with art. 14 of ECHR); ACHPR, art. 17(1); and African Charter on the Rights and Welfare of the Child, art. 11. See also the case law of the European Committee of Social Rights on art. 17(2) of the revised European Social Charter and the jurisprudence of the Inter-American Court of Human Rights on art. 19 of ACHR. 18 Conventions No. 29 (1930) concerning Forced Labour; No. 105 (1957) concerning the Abolition of Forced Labour; No. 138 (1973), concerning Minimum Age for Admission to Employment; No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; No. 87 (1948) concerning the Freedom of Association and Protection of the Right to Organize; No. 98 (1949) concerning the Right to Organize and Collective Bargaining; No. 100 (1951) concerning Equal Remuneration; and No. 111 (1958) concerning Discrimination (Employment and Occupation). 19 201. 20 For example, ILO Conventions Nos. 19, 81, 95, 110, 121, 129, 131, 155, 167, 172, 181, 184, 189, 200 and While Convention No. 97 in principle only applies to migrant workers lawfully within the territory of a State, it contains certain provisions requiring States parties to take measures that have the effect of preventing migrant workers from falling into an irregular situation. 60

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