E/CN.4/2001/83
page 9
28.
Article 2 of the Convention on the Elimination of All Forms of Discrimination against
Women, so far ratified by 166 States, provides that States parties condemn discrimination against
women in all its forms and agree to pursue by all appropriate means and without delay a policy
of eliminating discrimination against women. Of particular relevance to the topic of concern to
us are article 6, which advocates the suppression of the exploitation of women, and article 9 on
equality in respect of nationality laws, which refers, inter alia, to foreign husbands of women
citizens of a particular country who cannot acquire the nationality of the spouse. Equality of
rights in respect of employment and work, as provided for in article 11, relates to real-life
situations that are faced by thousands of migrant women workers.
29.
The Convention on the Rights of the Child, which has been ratified by 191 States, offers
a framework of protection that is applicable to all children, wherever they may be. The
Convention enunciates the civil and political rights of children, as well as their economic, social
and cultural rights. Of the articles establishing “general principles” that serve as guidelines for
the interpretation of the Convention, attention is drawn to article 2, paragraph 1 of which
provides that States parties “shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of any kind,
irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin, property, disability, birth or
other status”. The other three “general principles” are the best interests of the child as a primary
consideration in all actions concerning children (art. 3), the right to life, survival and
development (art. 6) and the right of the child to express his views freely in all matters affecting
him, such views being given due weight (art. 12).
30.
Attention is also drawn to rights which are of particular relevance, such as the right to
have an application to enter a State party for the purpose of family reunification dealt with in a
positive, humane and expeditious manner (art. 10) and the right of children temporarily or
permanently deprived of their family environment to special protection and assistance provided
by the State (art. 20). Account should also be taken of article 29, paragraph 1 (c), in which
States parties agree that the education of the child must be directed to the development of respect
for the child’s parents, his or her own cultural identity, language and values, for the national
values of the country in which the child is living, the country from which he or she may originate
and for civilizations different from his or her own.
31.
With regard to instruments for the protection of the human rights of migrant men and
women workers, the International Labour Organization has adopted a number of instruments
designed specifically to protect this group, such as the Convention No. 97 concerning Migration
for Employment (Revised 1949), Recommendation No. 86 concerning Migration for
Employment (Revised 1949) and Convention No. 143 concerning Migrant Workers
(Supplementary Provisions, 1975).
32.
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families is an attempt to reaffirm and establish basic human rights standards
and include them in an instrument which also protects those migrant workers and members of
their families who are undocumented or in an irregular situation. The Convention has so far