Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions Chapter 1: The international legal framework on the rights of migrant workers and members of their families KEY QUESTIONS • How are migrant workers and members of their families defined? • What human rights apply to migrant workers and members of their families? • What obligations do States have towards migrant workers and members of their families? 1. INTRODUCTION Migrant workers are a vital part of the global economy. The promise of decent working and living conditions drives the international movement of workers, both men and women, to seek out opportunities in other countries. Labour migration can offer valuable opportunities for many people who are unable to secure adequate work in their own countries or who have little choice but to leave their country. It can also enhance the cultural, economic, social, civil and political structures in both countries of origin and destination. However, the human costs of labour migration can outweigh the benefits, especially when the rights of migrant workers are not protected. These human costs continue to be a significant concern within and between countries. Migrant workers are vulnerable to abuse by employers and government officials, among others, in both sending and receiving countries. Abuses of labour and human rights range from discrimination and hazardous working conditions, to extortion, arbitrary detention, deportation and violence, including rape and murder. Women migrant workers are particularly vulnerable to human rights violations. They face multiple levels of discrimination and a general lack of protections in place in the jobs available to them, such as domestic work. Factors that contribute to systemic patterns of human rights violations against migrant workers, and which can restrict access to effective redress for victims, include negative public attitudes, language barriers, restrictive immigration regimes, poor legal protection, lack of awareness, weak rule of law and impunity. While the human rights issues that affect the growing number of migrant workers are pressing, there is a general lack of knowledge of relevant international legal standards and, in many instances, a lack of political will or institutional capacity to apply these standards to laws, policy and practice. The international standards most relevant to migrant workers are among the least understood of any of the core human rights treaties or ILO conventions. This chapter sets out the human rights standards that apply to migrant workers and members of their families. 2 | Chapter 1: The international legal framework on the rights of migrant workers and members of their families