status are regulated by agreement with the State of employment and who, in accordance
with that agreement, are not considered migrant workers;
(c) Persons taking up residence in a State different from their State of origin as investors;
(d) Refugees and stateless persons, unless such application is provided for in the relevant
national legislation of, or international instruments in force for, the State Party concerned;
(e) Students and trainees;
(f) Seafarers and workers on an offshore installation who have not been admitted to take up
residence and engage in a remunerated activity in the State of employment.
Article 4
For the purposes of the present Convention the term ‘’members of the family” refers to
persons married to migrant workers or having with them a relationship that, according to
applicable law, produces effects equivalent to marriage, as well as their dependent children
and other dependent persons who are recognized as members of the family by applicable
legislation or applicable bilateral or multilateral agreements between the States concerned.
Article 5
For the purposes of the present Convention, migrant workers and members of their families:
(a) Are considered as documented or in a regular situation if they are authorized to enter,
to stay and to engage in a remunerated activity in the State of employment pursuant to the
law of that State and to international agreements to which that State is a party;
(b) Are considered as non-documented or in an irregular situation if they do not comply
with the conditions provided for in subparagraph (a) of the present article.
Article 6
For the purposes of the present Convention:
(a) The term “State of origin” means the State of which the person concerned is a national;
(b) The term “State of employment” means a State where the migrant worker is to be
engaged, is engaged or has been engaged in a remunerated activity, as the case may be;
(c) The term “State of transit,’ means any State through which the person concerned passes
on any journey to the State of employment or from the State of employment to the State of
origin or the State of habitual residence.
PART II:
Non-discrimination with Respect to Rights
Article 7
PART III:
Human Rights of All Migrant Workers and Members of their Families
Article 8
16
States Parties undertake, in accordance with the international instruments concerning
human rights, to respect and to ensure to all migrant workers and members of their families
within their territory or subject to their jurisdiction the rights provided for in the present
Convention without distinction of any kind such as to sex, race, colour, language, religion
or conviction, political or other opinion, national, ethnic or social origin, nationality, age,
economic position, property, marital status, birth or other status.
1. Migrant workers and members of their families shall be free to leave any State, including
their State of origin. This right shall not be subject to any restrictions except those that are
provided by law, are necessary to protect national security, public order (ordre public),
public health or morals or the rights and freedoms of others and are consistent with the
other rights recognized in the present part of the Convention.