Part I International laws and mechanisms
2.1. Treaty articles relevant to the rights of migrant workers
Following is an outline of treaty articles quoted by the relevant treaty bodies to highlight the obligations
of States in relation to promoting and protecting the rights of migrant workers.53
Treaty
Treaty body
Relevant treaty articles
International Covenant
on Civil and Political
Rights
Human Rights
Committee
• Article 3; equality of men and women before
the law
• Article 8; prohibition of slavery, forced labour
and trafficking in persons
• Article 12; right to freedom of movement; right
to leave any country including one’s own and to
return
• Article 13; restrictions on expulsion of aliens
lawfully in the territory of the State
• Article 26; non-discrimination, equality before
the law
• Article 27; right to culture, religion and
language for minorities
International Covenant
on Economic, Social and
Cultural Rights
Committee on Economic
Social and Cultural
Rights
• Article 2; obligations of States parties for
the progressive realisation of the rights in the
Covenant, exercised without discrimination
• Article 3; equality of men and women before
the law
• Article 6; right to work
• Article 7; right to the enjoyment of just and
favourable conditions of work
• Article 8; right to form and join trade unions
International Convention
on the Elimination of
All Forms of Racial
Discrimination
Committee on the
Elimination of Racial
Discrimination
• Article 2; condemnation of racial discrimination
and adoption of measures to protect certain
racial groups
• Article 4; condemnation of racist propaganda
• Article 5; elimination of racial discrimination and
the guarantee of enjoyment of rights
• Article 6; provision of effective protection
and remedies against any acts of racial
discrimination
• Article 7; measures to combat prejudice
Convention on the
Elimination of All Forms
of Discrimination against
Women
Committee on
the Elimination of
Discrimination against
Women
• Article 4; special measures to accelerate
equality between men and women
• Article 6; adoption of measures to suppress all
forms of trafficking
• Article 9; right to acquire a nationality
• Article 11; non-discrimination in employment
• Article 16; non-discrimination in all matters
relating to marriage and family relations
53
This section is drawn mainly from The UN Treaty Monitoring Bodies and Migrant Workers: A Samizdat; December 18; updated
July 2007; pp. 15-16.
Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers | 25