Part I International laws and mechanisms
They also have the right to be temporarily absent for reasons of family needs and obligations, without
effect on their authorization to stay or work (article 38); the right to liberty of movement and freedom to
choose their place residence (article 39); and the right to transfer their earnings and savings, in particular
those funds necessary for the support of their families (article 47).
Under the Convention, documented migrants have the right to form associations and trade unions to
promote and protect their economic, cultural and other interests (article 40); and the right to participate in
public affairs of their State of origin and to vote and to be elected at elections of that State in accordance
with its legislation (article 41).
In addition to the areas mentioned in Article 25, the Convention provides for equality of treatment in
relation to employment and taxation and equal access to services in a broad range of areas, including
educational institutions and services; vocational guidance, training and placement services; housing;
social and health services; cooperatives and self-managed enterprises; and participation in cultural life
(articles 43, 45, 48 and 55).
The Convention uniquely ensures that family members of a migrant worker do not find themselves in an
irregular situation as a consequence of his or her death or after a divorce (article 50).
Further, depending on the specific terms of their authorisation of residence or work permits, documented
migrant workers may have the right to equality of treatment in respect to protection against dismissal and
unemployment benefits (article 54). In situations where migrant workers fulfil the requirements provided
by applicable national legislation in their host country, they may also be entitled to access public work
schemes intended to combat unemployment and access to alternative employment in the event of loss
of work or termination of other remunerated activity (articles 54 and 27).
When a work contract is violated by the employer, a documented migrant worker has the right to
address his or her case to the competent authorities in the State of employment (article 54(2)).
Photo by Mink/Samira Zaman.
Chapter 2: The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families | 15