7
7. When a migrant worker or a member of his or her family is arrested or committed to prison or
custody pending trial or is detained in any other manner:
(a) The consular or diplomatic authorities of his or her State of origin or of a State representing the
interests of that State shall, if he or she so requests, be informed without delay of his or her arrest or
detention and of the reasons therefor;
(b) The person concerned shall have the right to communicate with the said authorities. Any
communication by the person concerned to the said authorities shall be forwarded without delay, and
he or she shall also have the right to receive communications sent by the said authorities without
delay;
(c) The person concerned shall be informed without delay of this right and of rights deriving from
relevant treaties, if any, applicable between the States concerned, to correspond and to meet with
representatives of the said authorities and to make arrangements with them for his or her legal
representation.
8. Migrant workers and members of their families who are deprived of their liberty by arrest or
detention shall be entitled to take proceedings before a court, in order that that court may decide
without delay on the lawfulness of their detention and order their release if the detention is not lawful.
When they attend such proceedings, they shall have the assistance, if necessary without cost to them,
of an interpreter, if they cannot understand or speak the language used.
9. Migrant workers and members of their families who have been victims of unlawful arrest or
detention shall have an enforceable right to compensation.
Article 17
1. Migrant workers and members of their families who are deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person and for their cultural identity.
2. Accused migrant workers and members of their families shall, save in exceptional circumstances, be
separated from convicted persons and shall be subject to separate treatment appropriate to their
status as unconvicted persons. Accused juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.
3. Any migrant worker or member of his or her family who is detained in a State of transit or in a State
of employment for violation of provisions relating to migration shall be held, in so far as practicable,
separately from convicted persons or persons detained pending trial.
4. During any period of imprisonment in pursuance of a sentence imposed by a court of law, the
essential aim of the treatment of a migrant worker or a member of his or her family shall be his or her
reformation and social rehabilitation. Juvenile offenders shall be separated from adults and be
accorded treatment appropriate to their age and legal status.
5. During detention or imprisonment, migrant workers and members of their families shall enjoy the
same rights as nationals to visits by members of their families.
6. Whenever a migrant worker is deprived of his or her liberty, the competent authorities of the State
concerned shall pay attention to the problems that may be posed for members of his or her family, in
particular for spouses and minor children.
7. Migrant workers and members of their families who are subjected to any form of detention or
imprisonment in accordance with the law in force in the State of employment or in the State of transit
shall enjoy the same rights as nationals of those States who are in the same situation.
8. If a migrant worker or a member of his or her family is detained for the purpose of verifying any
infraction of provisions related to migration, he or she shall not bear any costs arising therefrom.