Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
KEY POINTS: CHAPTER 3
• Even if a State has not ratified the Convention on Migrant Workers, it will
be bound by one or more of the other core international human rights
treaties it has ratified, which include obligations relevant to the rights of
migrant workers.
• The general comments developed by the UN treaty bodies provide
States with guidance to interpret and apply particular provisions of the
human rights treaties, many of which are relevant to the rights of migrant
workers.
• The activities of the UN special procedures – which include receiving
and responding to communications, issuing urgent appeals, undertaking
country visits and preparing regular reports – can provide practical
assistance to promote and protect the rights of migrant workers.
• The mandate of the Special Rapporteur on the human rights of migrants
extends to all countries, irrespective of whether a State has ratified the
Convention on Migrant Workers.
• Through their participation in the UPR process, States can agree to
implement recommendations that improve the living and working
conditions of migrant workers and members of their families.
FURTHER READING
Migration and Human Rights: The United Nations Convention on Migrant
Worker Rights; Ryszard Cholewinski, Paul de Guchteneire and Antoine
Pecoud, United Nations Educational, Scientific and Cultural Organization /
Cambridge University Press; 2009
Strengthening Protection of Migrant Workers and their Families with
International Human Rights Treaties: A Do-it-yourself Kit; Mariette Grange,
International Catholic Migration Commission; 2006
The UN Treaty Monitoring Bodies and Migrant Workers: a Samizdat
(updated); December 18; 2007
Working with the United Nations Human Rights Programme: A Handbook
for Civil Society; OHCHR; 2008
40 | Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers