4
Article 4
For the purposes of the present Convention the term ''members of the family" refers to persons
married to migrant workers or having with them a relationship that, according to applicable law,
produces effects equivalent to marriage, as well as their dependent children and other dependent
persons who are recognized as members of the family by applicable legislation or applicable bilateral or
multilateral agreements between the States concerned.
Article 5
For the purposes of the present Convention, migrant workers and members of their families:
(a) Are considered as documented or in a regular situation if they are authorized to enter, to stay and
to engage in a remunerated activity in the State of employment pursuant to the law of that State and
to international agreements to which that State is a party;
(b) Are considered as non-documented or in an irregular situation if they do not comply with the
conditions provided for in subparagraph (a) of the present article.
Article 6
For the purposes of the present Convention:
(a) The term "State of origin" means the State of which the person concerned is a national;
(b) The term "State of employment" means a State where the migrant worker is to be engaged, is
engaged or has been engaged in a remunerated activity, as the case may be;
(c) The term "State of transit,' means any State through which the person concerned passes on any
journey to the State of employment or from the State of employment to the State of origin or the
State of habitual residence.
Part II: Non-discrimination with Respect to Rights
Article 7
States Parties undertake, in accordance with the international instruments concerning human rights, to
respect and to ensure to all migrant workers and members of their families within their territory or
subject to their jurisdiction the rights provided for in the present Convention without distinction of any
kind such as to sex, race, colour, language, religion or conviction, political or other opinion, national,
ethnic or social origin, nationality, age, economic position, property, marital status, birth or other
status.
Part III: Human Rights of All Migrant Workers and Members of their Families
Article 8
1. Migrant workers and members of their families shall be free to leave any State, including their State
of origin. This right shall not be subject to any restrictions except those that are provided by law, are
necessary to protect national security, public order (ordre public), public health or morals or the rights
and freedoms of others and are consistent with the other rights recognized in the present part of the
Convention.
2. Migrant workers and members of their families shall have the right at any time to enter and remain
in their State of origin.