Part I International laws and mechanisms
and violent attacks against ethnic minorities.68 Discrimination against migrants is noted in the areas
of education, housing, access to public services, social security benefits and discrimination in the
type of work that migrants perform.69 The Committee also puts a strong focus on the regularization
of undocumented workers70 and, since 2011, has stated that anti-terrorism measures should not
discriminate in purpose or effect on the grounds of race, colour, descent or national or ethnic origin.71
The main concern raised by the Committee against Torture regarding migrant workers is the excessive
use of force and discriminatory practices by police when dealing with foreigners.72 The Committee
has also addressed issues of detention prior to removal, including the excessive length of detention,
the principle of “non-refoulement” (i.e. the prohibition on the deportation for individuals who risk being
subjected to torture if returned to their own country) and trafficking.73
Information on the ways in which NHRIs can engage with the treaty bodies, and how they can participate
in the treaty reporting process, is included in Chapter 11.
3.2. Selected general comments relevant to migrant workers
Each treaty body also issues “general comments” (also called “general recommendations” for the
Committee on the Elimination of Discrimination against Women and the Committee on the Elimination
of Racial Discrimination) which provide an interpretation of the human rights content of a treaty, thematic
issues or the methods of work of the treaty body.
Over the years, the treaty bodies have issued general comments that address the rights of migrant
workers and have developed jurisprudence concerning the application of the respective treaties with
regards to migrant workers.
However, there is no uniformity in the use of terminology when referring to migrants and migrant
workers. The general comments and concluding observations issued by the different treaty bodies can
use a range of terms, such as “alien”, “foreigner”, “immigrant” and “non-citizens”. Often these terms
are also linked to the legal status of the migration. For example, terms such as “illegal”, “irregular” and
“undocumented” are often used.74
The general comments listed below address the views of treaty bodies in relation to the obligation of
States parties in respect of non-nationals, including migrants.75
68
“Migrants’ rights in UN human rights conventions”; Isabelle Slinckx; in Migration and Human Rights: The United Nations
Convention on Migrant Worker Rights; Ryszard Cholewinski, Paul de Guchteneire and Antoine Pécoud (ed), United Nations
Educational, Scientific and Cultural Organization / Cambridge University Press; 2009; p.128.
69
Ibid; p. 129.
70
Ibid; p. 129; and The UN Treaty Monitoring Bodies and Migrant Workers: A Samizdat; December 18; updated July 2007; p. 20.
71
“Migrants’ rights in UN human rights conventions”; Isabelle Slinckx; in Migration and Human Rights: The United Nations
Convention on Migrant Worker Rights; Ryszard Cholewinski, Paul de Guchteneire and Antoine Pécoud (ed), United Nations
Educational, Scientific and Cultural Organization / Cambridge University Press; 2009; p. 130.
72
Ibid; p. 135.
73
Ibid; pp.136-137.
74
The UN Treaty Monitoring Bodies and Migrant Workers: A Samizdat; December 18; updated July 2007; pp. 14-15.
75
This section is drawn mainly from The UN Treaty Monitoring Bodies and Migrant Workers: A Samizdat; December 18 (updated
July 2007; pp. 9-10) but has also been updated to reflect later general comments. The general comments for each treaty body
are available on that treaty body’s section of the OHCHR website.
Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers | 29