Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
Treaty
Treaty body
Relevant treaty articles
Convention against
Torture and Other
Cruel, Inhuman or
Degrading Treatment or
Punishment
Committee against
Torture
• Article 3; non-refoulement
• Article 11; review of interrogation rules,
instructions, methods and practices for custody
and treatment of persons arrested or detained
• Article 12; prompt and impartial investigation of
acts of torture
• Article 16; prevention of other acts of cruel,
inhuman or degrading treatment or punishment
Convention on the
Rights of the Child
Committee on the
Rights of the Child
• Article 2; obligations of States parties to
respect and ensure the rights in the Convention
to each child without discrimination
• Article 3; the best interests of the child to be a
primary consideration
• Article 7; registration of birth and right to
acquire a nationality
• Article 22; refugee and irregular immigrant
children
• Article 30; right to culture, religion and
language for children belonging to a minority
• Article 34; protection against all forms of sexual
exploitation and sexual abuse
• Article 35; prevention of trafficking
3. TREATY BODIES AND MIGRANT WORKERS
Each of the nine core human rights treaties has its own treaty body that promotes and monitors the
performance of treaty obligations by States parties. In addition, the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has its own treaty
committee – the Subcommittee on the Prevention of Torture – that carries out the responsibilities given
to it under the Optional Protocol.
In all cases but one, the treaty itself establishes the treaty monitoring body. The exception is the
Committee on Economic, Social and Cultural Rights, which was established by a decision of the United
Nations Economic, Social and Cultural Council.54
54
The Committee was established under the United Nations Economic and Social Council (ECOSOC) Resolution 1985/17 of 28
May 1985 to carry out the monitoring functions assigned to ECOSOC in Part IV of the International Covenant on Economic, Social
and Cultural Rights.
26 | Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers