A/73/178/Rev.1 stipulated in article 16, paragraph 7, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Consular assistance is also very important in the area of employment, as migrants are often victims of workplace abuses that may be as serious as trafficking and exploitation. Hence the importance of States providing consular assistance in this regard, through the creation of labour attaché offices or other mechanisms. 22. The right to consular assistance is primarily a right of migrants and only a conditional right of the State of origin because migrants may prefer not to contact their State out of fear of persecution or other reasons. The recei ving State has an obligation, inter alia, to inform migrants detained under their jurisdiction without delay of their right to be assisted by consular officials of their country of nationality and of their right to communicate with the consular authorities of their country, as well as to receive effective consular assistance. This was noted by the International Court of Justice, when it declared that article 36 of the Vienna Convention on Consular Relations establishes individual rights that may be claimed by the national of the sending State and that create an imperative for the receiving State, which is why the obligation goes beyond relations among States and refers to the protection of a human right. 20 The Inter-American Court of Human Rights has ruled in the same fashion. 21 For their part, European Union treaties provide for the possibility that a national of a member State located in a country outside of the State of origin and that does not have diplomatic representation may receive the consular protecti on of a European Union member State and that the treatment accorded must be the same as that which a national of that State would receive. 22 23. In practice, migrants often find that their consulates abroad are unable to help them. Embassies often lack effective communication mechanisms, do not provide adequate support to ensure free legal assistance and tend not to become involved in detention cases. Moreover, they are usually not informed of the detention of their nationals, with the result that they act late and migrants turn to NGOs for assistance. While some consulates offer legal advice on litigation, the practice is not common or sufficiently effective or comprehensive. 23 E. Competent authorities 24. The type of authority to which individuals have access in immigration relations with the State directly affects the exercise of effective access to justice. In cases of refusal of entry, asylum applications and deportation, access is provided only through an administrative authority in some States. In other cases, access is provided to both an administrative and a judicial authority through procedural remedies. Some States also provide for the possibility of directly addressing a judicial authority. For example, the rules in the United States of America are unique because immigration judges do not belong to the judicial branch but rather report to the Office of the Attorney General. In certain cases, it is possible to petition a federal court of appeals; such courts are part of the judicial branch. __________________ 20 21 22 23 18-15902 International Court of Justice, The Vienna Convention on Consular Relations (Paraguay v. United States of America), Provisional Measures of 9 April 1998; LaGrand (Germany v. United States of America), Judgment of 27 June 2001; Avena and other Mexican Nationals (Mexico v. United States of America), Judgment of 31 March 2004. Inter-American Court of Human Rights, Advisory Opinion No. 16/99 of 1 October 199 9, on the right to information on consular assistance in the framework of the guarantees of the due process of law; Case of Vélez Loor v. Panama; Judgment of 23 November 2010; and Case of Expelled Dominicans and Haitians v. Dominican Republic, Judgment of 28 August 2014. Treaty on the Functioning of the European Union, art. 23. Submission by Migrant Forum Asia. 7/20