Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions It should also be noted that migrant workers are not a homogenous group and many can face situations of cumulative vulnerability. For example, female migrant workers can experience “multiple discrimination” – or “intersectional discrimination” – on the basis of their sex and gender, their nationality and their status as migrant workers. As such, a comprehensive and coordinated approach, grounded in a range of international legal standards, is required to address the complex human rights issues facing many migrant workers. 2. THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES The Convention on Migrant Workers was adopted in 1990 and came into force in July 2003. It reinforces and complements the other core human rights treaties of the UN. It also responds to the specific circumstances and vulnerabilities of migrant workers and members of their families, similar to other human rights treaties which address the vulnerabilities of women, children and, more recently, persons with disabilities.43 The Convention, which establishes minimum standards that all States parties are obliged to respect, protect and fulfil, is directly relevant to documented and undocumented migrant workers and members of their families. Indeed, the Preamble to the Convention recognizes that “the human problems involved in migration are even more serious in the case of irregular migration” and highlights the need to encourage appropriate action “to prevent and eliminate clandestine movements and trafficking in migrant workers, while at the same time assuring the protection of their fundamental rights”. The Convention on Migrant Workers consists of six substantive parts: • Part I: Scope and definitions • Part II: Non-discrimination with respect to rights • Part III: Human rights of all migrant workers and members of their families • Part IV: Other rights of migrant workers and members of their families who are documented or in a regular situation • Part V: Provisions applicable to particular categories of migrant workers and members of their families • Part VI: Promotion of sound, equitable, humane and lawful conditions in connection with international migration of workers and members of their families Part I introduces the definitions and concepts included in the Convention. It recognizes both men and women as migrants and defines different categories of migrant workers that apply in all regions of the world. The Convention’s added value is that it considers migrant workers to be more than labourers or economic entities; instead it recognizes them as social entities with families. It encourages migrant workers to be in a documented or regular situation and requires all workers and employers to respect and comply with the laws and procedures of those States that are parties to the Convention. It also provides for the right of migrant workers to leave and enter their States of origin (article 1). 43 See 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. 12 | Chapter 2: The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families