A/HRC/26/35
rights of all human beings, including migrants, both regular and irregular, and their rights at
work. Article 4 of the Declaration prohibits slavery and servitude. Article 23 provides the
right to work, to free choice of employment, to just and favourable conditions of work, to
equal pay for equal work, to just and favourable remuneration, and to the right to form and
join trade unions. Article 24 provides the right to rest and leisure, including reasonable
limitations of working hours and periodic holidays with pay.
24.
Articles 6 to 10 of the International Covenant on Economic, Social and Cultural
Rights recognize the rights of everyone to (a) work which they freely choose or accept; (b)
enjoy just and favourable conditions of work, including equal remuneration for work of
equal value; (c) form and join trade unions; (d) social security, including social insurance;
(e) the special protection from economic and social exploitation of children and young
persons.
25.
Article 8 of the International Covenant on Civil and Political Rights prohibits
slavery, servitude and forced labour. Article 22 provides the right to freedom of association.
Article 26 provides that all persons are equal before the law and are entitled without any
discrimination to the equal protection of the law.
26.
Article 11 of the Convention on the Elimination of All Forms of Discrimination
Against Women enshrines equal rights of men and women in the field of employment,
including (a) equal remuneration, including benefits, and to equal treatment in respect of
work of equal value; (b) the right to protection of health and to safety in working
conditions; and (c) maternity protection.
27.
Article 5 of the International Convention on the Elimination of All Forms of Racial
Discrimination provides the right of everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law, including in the enjoyment of civil
rights and economic, social and cultural rights. Article 5(e)(i) provides the rights to work, to
free choice of employment, to just and favourable conditions of work, to protection against
unemployment, to equal pay for equal work, and to just and favourable remuneration.
28.
Article 32 of the Convention on the Rights of the Child recognizes the right of the
child to be protected from economic exploitation and hazardous and harmful work, and
requires States to specify a minimum age for admission to employment. The Optional
Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography prohibits the sale of children, including for the
purpose of engagement of the child in forced labour.
29.
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families sets out minimum standards for migrant workers
and members of their family, irrespective of their migratory status, in line with the
principles of equality and non-discrimination, and with the provisions of other United
Nations treaties, noting States’ responsibilities to respect, protect and fulfil the human
rights for all human beings. Article 7 highlights the principle of equality and nondiscrimination with respect to human rights. Article 11 sets out the prohibition of slavery,
servitude and forced labour. Article 25 provides that migrant workers shall enjoy treatment
not less favourable than that which applies to nationals in respect of remuneration and other
conditions of work, including overtime, hours of work, weekly rest, holidays with pay,
safety, health, termination of the employment relationship. Article 25 also calls for equality
between migrant workers and nationals in other terms of employment according to national
law and practice, including minimum age of employment. Paragraph 2 of the same article
states that private employment contracts may not derogate from the principle of equality of
treatment. Article 26 recognizes the right of migrant workers to participate in trade unions
and any other lawful associations and to seek the aid and assistance of such unions and
associations. Part IV of the Convention provides additional rights for regular migrants. This
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