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14. The Convention on the Elimination of All Forms of Discrimination against
Women provides additional guidance on addressing varying forms of injustice and
rights abuses faced by women. The Committee on the Elimination of Discrimination
against Women, in its general recommendation No. 26 (2008) on women migrant
workers provides specific guidance on protecting migrant women workers rights. This
includes the right to private and family life, the principle of the best interests of the
child, the right to health, the principle of equality and non- discrimination and the
principle of non-refoulement.
15. Article 5 of the International Convention on the Elimination of All Forms of
Racial Discrimination indicates that States must undertake to prohibit and to eliminate
racial discrimination in all its forms and to guarantee the right of everyone, without
distinction as to race, colour, or national or ethnic origin and to equality before the
law, as well as other labour protections including 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.
It also establishes the right to form and join trade unions, the right to housing and the
right to public health, medical care, social security and social services, inter alia.
These protections are also reiterated in the International Convention on the Protection
of Rights of All Migrant Workers and Their Families.
16. The International Labour Organization (ILO) Migrant Workers (Supplementary
Provisions) Convention, 1975 (No. 143) extends the scope of equality between legally
resident migrant workers and national workers to ensure equal opportunities and
treatment with regard to employment and occupation, social security, trade union and
cultural rights and individual and collective freedoms for migrant workers and their
families. It also contains provisions for ratifying States to help facilitate family
reunification for the families of migrant workers to legally reside in the host State.
The United Nations Office on Drugs and Crime developed the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women and Childr en,
supplementing the United Nations Convention against Transnational Organized
Crime, in which it recognizes the potential for abuse and exploitation to occur with
migrant workers and seeks to establish reporting mechanisms, such as the Global
Report on Trafficking in Persons, as well as providing guidance on protecting migrant
workers’ rights in employment.
17. Under the ILO Migration for Employment Convention (Revised), 1949 (No. 97)
States are required to develop effective mechanisms to facilitate international
migration for employment by establishing and maintaining a free assistance and
information service for migrant workers and taking measures against misleading
propaganda on labour migration. The Convention also contains provisions on access
to appropriate medical services for migrant workers as well as on ensuring the transfer
of the workers’ earnings and savings. States are required to apply the same treatment
to migrant workers as applied to their own citizens in relation to issues including, but
not limited to, conditions of employment, freedom of association and social security.
18. The need for workers to organize and collectively bargain with their employers
is recognized under the ILO Freedom of Association and Protection of the Right to
Organise Convention, 1948 (No. 87), the Right to Organize and Collective Bargaining
Convention, 1949 (No. 98) and the Violence and Harassment Convention, 2019
(No. 190), which includes specific protections to address migrant workers’ exposure
to violence in the workplace.
19. Several additional instruments of relevance include: the Contracts of
Employment (Indigenous Workers) Convention 1947 (No. 86); the Abolition of
Forced Labour Convention, 1957 (No. 105); the Private Employment Agencies
Convention, 1997 (No. 181); the Minimum Age Convention, 1973 (No. 138); the
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