Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions • regulate the recruitment of workers for overseas employment by restricting it to public services or bodies; recruitment by agencies, employers and their agents should be subject to authorization, approval and supervision (article 66) • assist migrant workers and members of their families, including illegal migrants, to make an orderly return to their home country, including to take appropriate measures to promote adequate economic conditions for their resettlement and their social and cultural reintegration (article 67). 3.3. Responsibilities of States of employment Protecting the rights of migrant workers and members of their families in States of employment is anchored in the long-established principle of non-discrimination, including in relation to civil and political rights, as well as economic, social and cultural rights. States of employment, or receiving countries, have a number of specific obligations, including to: • protect the liberty and security of migrant workers and members of their families (articles 9, 10 and 11) • give protection to migrant workers and members of their families, including those arrested or detained, against violence and other forms of harassment by private individuals, public officials, groups or institutions (articles 16 and 17) • ensure that the working and living conditions of migrant workers are in keeping with the standards of fitness, safety, health and principles of human dignity (article 70) • ensure that migrant workers and members of their families are not arbitrarily deprived of their property and, if their assets are to be confiscated under the laws of the State of employment, that adequate compensation is paid (article 15) • enable migrant workers and members of their families to enjoy equal treatment with nationals of the State before the courts of law and tribunals (article 18); in relation to remuneration and conditions of work (article 25); in relation to access to education, vocational training, guidance and placement, housing and social and health services (article 43); and in relation to access to social security (article 27) • provide children of migrant workers, including those of undocumented workers, with access to education, including preschool education, on an equal basis with nationals of the State (article 30) • permit migrant workers and members of their families to join trade unions and associations for the protection of their economic, social, cultural and other rights (article 26) • ensure that the identity documents, work and residence permits of migrant workers are not confiscated or destroyed by unauthorized persons and that their passports are not destroyed by anyone (article 24) • consider the possibility of enabling family members to join the migrant worker, in order to protect the unity of the family (article 44). 3.4. Responsibilities on States parties to report In order to monitor the implementation of the Convention, article 73 requires States parties to submit a report on the legislative, judicial, administrative and other measures that have been taken to give effect to the provisions of the Convention. This report must be submitted one year after the State has become a party to the Convention, with further reports to be submitted every five years after that. After reviewing the State’s reports, the Committee will provide concluding observations on the report. More information on the treaty reporting process, including the role that NHRIs can play, is available in Chapter 11. 18 | Chapter 2: The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families