Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions KEY POINTS: CHAPTER 1 • Under international law, States have an obligation to respect, protect and fulfil the rights of migrant workers and members of their families. This includes States that are countries of origin, transit and destination for migrant workers. • The principle of non-discrimination is central to the enjoyment of human rights and applies to everyone, regardless of their status. • In general, States are obliged to grant migrants the same protection as nationals. Only in exceptional circumstances, and within tightly defined conditions, may differential treatment be justified. However, some human rights treaties do make distinctions in relation to the rights of nationals and non-nationals, as well as the rights of documented and undocumented migrants. FURTHER READING International Labour Migration: A Rights-based Approach; ILO; 2010 Irregular Migration, Migrant Smuggling and Human Rights: Towards Coherence; International Council on Human Rights Policy; 2010 Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment; Ryszard Cholewinski; 1997 Migration and International Human Rights Law; Practitioner’s Guide No. 6; International Commission of Jurists; 2011 Protecting the Rights of Migrant Workers: A Shared Responsibility; ILO; 2009 10 | Chapter 1: The international legal framework on the rights of migrant workers and members of their families