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determine to what extent they would guarantee the economic rights recognized in the present
Covenant to non-nationals.” It must be stressed that this exception may be invoked only by
developing countries and only in respect of economic rights.
22.
Some rights established in the Covenant that are contained in the Universal Declaration
of Human Rights and reiterated in the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (hereafter “the Convention”), are
particularly relevant to the situation of migrant domestic workers. They include: the right of
everyone to the enjoyment of just and favourable conditions of work which ensure remuneration
which provides as a minimum fair wages and equal remuneration for work of equal value
without distinction of any kind; safe and healthy working conditions; rest, leisure and reasonable
limitation of working hours and periodic holidays with pay, as well as remuneration for public
holidays. The right of everyone to form trade unions and join the trade union of his choice and
the right to social security, including social insurance, is also recognized. The Covenant
recognizes the right of everyone to the enjoyment of the highest attainable standard of physical
and mental health. Of great relevance to the situation of migrant domestic workers is the right of
everyone to an adequate standard of living for himself and his family, including adequate food,
clothing and housing.
23.
Although to date the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families has been ratified by only 24 States, the
Special Rapporteur considers that it is important for the situation of migrant domestic workers
because it incorporates a minimum standard of rights for all migrant workers and their families.
For example, the Convention explicitly recognizes that migrants may not be deprived of their
fundamental labour rights by reason of any irregularity in their stay or employment. The
Convention also provides that in it is unlawful for anyone, other than a public official duly
authorized by law, to confiscate, destroy or attempt to destroy identity documents, documents
authorizing entry to or stay, residence or establishment in the national territory or work permits.
A very pertinent aspect is the provision that workers in a regular situation shall have the right to
be informed, before their departure or at the time of their admission by the State of origin or the
State of employment of all conditions applicable to their admission and stay. States must also
make every effort to authorize migrant workers to be temporarily absent without effect upon
their authorization to stay or to work.
24.
Some ILO Conventions8 deal with specific issues very relevant to the situation of migrant
domestic workers. ILO Convention No. 143 of 1975 concerning Migrations in Abusive
Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers
provides that a migrant who has resided legally in the territory for the purpose of employment
shall not be regarded as in an irregular situation by the mere fact of the loss of his employment.
The Convention lays down that in case of disputes the migrant shall have the possibility of
defending his rights before a competent body. ILO Convention No. 97 of 1949 concerning
Migration for Employment (Revised) establishes the obligation to take all appropriate steps
against misleading propaganda relating to emigration and immigration. It also establishes the
obligation of each member to apply to immigrants lawfully within its territory treatment no less
favourable than that which it applies to its own nationals in respect of: remuneration,
membership of trade unions, accommodation, social security, taxes and legal proceedings
relating to the matters referred to in the Convention. Annexes I and II of the Convention govern
the recruitment of workers by private and public bodies and establish the State’s obligation to