A/HRC/41/38 nationals, States must ensure that those differences are enshrined in national legislation and serve a legitimate objective, and any action taken to achieve that objective must be proportionate and reasonable. 18. Under international human rights law, States are obliged to respect the right of every person to be free from torture and ill-treatment. Linked to migration, that obligation is embodied in the principle of non-refoulement, which is absolute and non-derogable. 1. Convention on the Elimination of All Forms of Discrimination against Women 19. Under the Convention on the Elimination of All Forms of Discrimination against Women, discrimination against women is prohibited and States are obliged to eliminate discrimination against women. There are 189 States parties to the Convention, which includes obligations to suppress trafficking in women (art. 6); grant women equal rights with men to acquire, change or retain nationality (art. 9); eliminate discrimination against women in the field of employment (art. 11); eliminate discrimination against women in the field of health care and ensure access to health-care services, including those related to family planning and maternal care (art. 12); and accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile (art. 15 (4)). 20. In its general recommendation No. 26 (2008) on women migrant workers, the Committee on the Elimination of Discrimination against Women addressed the issues of women migrant workers who travel independently, those who migrate as dependants of their spouses and those in irregular situations. It outlined a set of responsibilities that should be assumed by States, including implementing gender-responsive and rights-based migration policies, involving women in policymaking, safeguarding remittances sent by women migrant workers, collecting data disaggregated by gender, and lifting discriminatory bans on women’s freedom of movement. 2. Convention on the Rights of the Child 21. The principle of non-discrimination is codified in article 2 of the Convention on the Rights of the Child. In joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration, both Committees gave their interpretation of the application of the non-discrimination principle in the context of international migration. The non-discrimination principle in the Convention on the Rights of the Child stipulates that States parties should respect and ensure the rights set forth in the Convention for all children, whether they are considered, inter alia, migrants in regular or irregular situations, asylum seekers, refugees, stateless or victims of trafficking, including in situations of return or deportation to their country of origin, irrespective of their or their parents’ or legal guardians’ nationality, migration status or statelessness. 12 3. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 22. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides for the rights of migrant workers and their families without discrimination based on sex. It stipulates that no migrant worker is to be held in slavery or servitude or asked to perform compulsory labour, and provides for the right to receive urgent medical care and access to educational services, vocational guidance, housing, and social and health services on the basis of equality with nationals, and for the protection of the unity of the family. It also includes parameters for States parties to cooperate with a view to promoting sound, equitable, humane and lawful conditions for migrant workers in relation to their labour, social, economic and cultural rights. As at September 2017, only 51 countries had ratified the Convention. 12 6 See also Committee on the Rights of the Child, general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, para. 12.

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