Part I International laws and mechanisms General Comment No. 18 on the right to work (2005) “The principle of non discrimination as set out in article 2.2 of the Covenant … should apply in relation to employment opportunities for migrant workers and their families. In this regard the Committee underlines the need for national plans of action to be devised to respect and promote such principles by all appropriate measures, legislative or otherwise.” General Comment No. 19 on the right to social security (2008) “… the Committee notes that the Covenant contains no express jurisdictional limitation. Where non-nationals, including migrant workers, have contributed to a social security scheme, they should be able to benefit from that contribution or retrieve their contributions if they leave the country … Non-nationals should be able to access non-contributory schemes for income support, affordable access to health care and family support … Refugees, stateless persons and asylum-seekers, and other disadvantaged and marginalized individuals and groups, should enjoy equal treatment in access to non-contributory social security schemes.” General Comment No. 20 on non-discrimination in economic, social and cultural rights (2009) “The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation.” General Comment No. 21 (2009) on the right of everyone to take part in cultural life “States parties should pay particular attention to the protection of the cultural identities of migrants, as well as their language, religion and folklore, and of their right to hold cultural, artistic and intercultural events. States parties should not prevent migrants from maintaining their cultural links with their countries of origin.” Committee on the Elimination of Discrimination against Women General Recommendation No. 21 on equality in marriage and family relations (1994) “Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.” General Recommendation No. 24 on women and health (1999) “Special attention should be given to the health needs and rights of women belonging to vulnerable and disadvantaged groups, such as migrant women, refugee and internally displaced women, the girl child and older women, women in prostitution, indigenous women and women with physical or mental disabilities.” General Recommendation No. 26 (2008) on women migrant workers Clarifies the obligation of State parties vis-à-vis sex- and gender-based discrimination against migrant women and the application of CEDAW to both documented and undocumented migrant women. It deals with the application of the Convention in countries of origin, transit, and destination; the lifting of discriminatory bans or restrictions on migration; providing education, awareness-raising and training to migrant workers; regulations and monitoring systems to ensure that recruiting agents and employment agencies respect the rights of all women migrant workers; access to services including health services and legal and administrative assistance; travel documents; safeguarding remittances of income; facilitating the right to return and services upon return; diplomatic and consular protection; legal protection for the rights of women migrant workers; access to remedies; legal protection for the freedom of movement; non-discriminatory family reunification schemes; non-discriminatory residency regulations; and rights of women migrant workers in detention. Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers | 31