Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions The Convention also includes rights that address the specific situation of migrant workers and reinforces rights in those areas where migrant workers are especially vulnerable or likely to be exploited.44 The inhumane living and working conditions and instances of physical and sexual abuse that migrant workers can experience are addressed by the reaffirmation of the right to life (article 9), the prohibition against cruel, inhuman or degrading treatment or punishment (article 10) and the prohibition against slavery or servitude and forced or compulsory labour (article 11). One reason that the Convention restates rights in other treaties is that some States have implemented human rights treaties in domestic legislation using terminology that refers to “citizens and/or residents, de jure excluding many migrants, especially those in irregular situations”.45 For example, articles 16 to 20 and articles 23 and 24 specify that migrant workers should have equality before the courts and tribunals of the State concerned; are entitled to proper judicial process; and are entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law (article 18.1). In addition, they should have access to appropriate interpreting services and to the assistance of their own consulate and must not receive any disproportionate penalties. When imposing a sentence, humanitarian considerations regarding the person’s migrant status should be taken into account. The Convention also states that migrant workers and their families have the right not to have their documents of identity confiscated or destroyed (article 21); and the right not to be subject to arbitrary or collective expulsion (article 22). These articles directly address the human rights violations commonly experienced by migrant workers in different countries. In addition, the Convention emphasizes the right of migrant workers to equality with nationals in the host country with respect to remuneration, conditions of work overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of the employment relationship and other terms of employment (article 25); as well as the right to freely join and take part in trade unions (article 26). Equality with nationals also extends to the right to social security benefits (article 27); the right to receive emergency medical care (article 28); and the right of access to education (article 29). The Convention also sets out other rights of migrant workers and their families: • to have their cultural identity respected and to maintain a cultural link with their State of origin (article 31) • to transfer their earnings and savings, as well as their personal effects and belongings, on completion of their term of employment (article 32) • to be informed by the States concerned about their rights arising from the Convention, as well as the conditions of their admission and their rights and obligations in those States (article 33). 2.2. Rights of migrants who are documented or in a regular situation Part IV of the Convention sets out the specific rights of migrant workers and their families who are documented or in a regular situation. These rights are in addition to those set out in Part III, which apply to all migrant workers regardless of their migration status (article 36). The Convention provides for the right of documented migrant workers to substantial information regarding the conditions of their admission to the country of employment, their stay and their remunerated activities (article 37). 44 The International Convention on Migrant Workers and its Committee; Fact Sheet No 24 (Rev. 1); OHCHR; p. 5. 45 Achieving Dignity: Campaigner’s Handbook for the Migrants Rights Convention; International Migrants Rights Watch Committee; 1998; see “Section III: Importance and Content of the Convention”. 14 | Chapter 2: The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families