Part I International laws and mechanisms
Accordingly, article 2(1) of the International Covenant on Civil and Political Rights provides that States
must respect and ensure civil and political rights without discrimination on any grounds. The Human
Rights Committee has further confirmed that the guarantee of non-discrimination applies to nationals
and non-nationals alike.20
Article 2(2) of the International Covenant on Economic, Social and Cultural Rights also prohibits
discrimination of any kind, including on the grounds of race, colour, sex, age, language, religion, political
or other opinion, national or social origin, property, birth or other status.
The other treaties uphold non-discrimination in relation to specific human rights concerns (such as
racial discrimination, enforced “disappearances” and torture and ill-treatment) and the vulnerabilities of
particular groups of people (including women, children and people with disabilities).
The human rights protections that these treaties contain also belong to migrant workers and members
of their families. This is particularly important given the current low number of States that have ratified
the Convention on Migrant Workers.
3.2. Other human rights treaties relevant to migrant workers
There are a range of other human instruments – including declarations, principles and guidelines – that
are relevant to the treatment of migrant workers and can be used to promote and protect their human
rights, including:21
• United Nations Convention against Transnational Organized Crime and its Protocols:
–– Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime
–– Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime
• Slavery Convention and the Supplementary Convention on the Abolition of Slavery, the Slave
Trade, Institutions and Practices Similar to Slavery
• Declaration on the Human Rights of Individuals who are not Nationals of the Country in which
They Live22
• Durban Declaration and Programme of Action23
• Recommended Principles and Guidelines on Human Rights and Human Trafficking – Report of
the United Nations High Commissioner for Human Rights to the Economic and Social Council24
• Resolution of the UN Commission on Human Rights on the Human Rights of Migrants (2005)25
• Resolution of the UN General Assembly on Protection of Migrants (2004).26
20
General Comment No. 15; Human Rights Committee; 1986; and General Comment No. 18; Human Rights Committee; 1989.
21
“Migration and Human Rights – Other International Standards”; OHCHR; see: www2.ohchr.org/english/issues/migration/
taskforce/standards.htm.
22
A/RES/40/144.
23
Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance; Durban, South Africa; 2001.
24
E/2002/68/Add.1.
25
E/CN.4/RES/2005/47.
26
A/RES/59/194.
Chapter 1: The international legal framework on the rights of migrant workers and members of their families | 5