CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE HUMAN RIGHTS OF MIGRANT WORKERS IN THE CONTEXT … treaties, including the ICCPR, the ICESCR and the CMW. Rights in employment (for ex. fair wages, safe and healthy working conditions, reasonable working hours, trade union rights) are protected by international human rights law and by international labour standards. 25 In the contemporary, global context, migrant workers enjoy greater protection under international human rights law due to the fact that human rights treaties have been more widely ratified than the ILO standards. A. The Core Human Rights Treaties Until relatively recently, migrants have been “invisible” in much of the discussion of human rights, on the assumption that they were protected because human rights law applies to “everyone” and is universal in its application. The fundamental human rights principle is that entering a country in violation of immigration regime does not deprive an irregular migrant of his or her fundamental human rights, nor does it exhaust the obligation of the host state to protect these individuals. The ICCPR accords “everyone” freedom from abuses such as arbitrary killing, torture and inhuman treatment, slavery, forced labour, child labour, arbitrary arrest, unfair trial, and invasions of privacy. All people have the right to marry, to be protected as minors, to equality, to freedom of religion and belief, and to peaceful association and assembly. These rights apply to “everyone… irrespective of his or her nationality… (and) must be guaranteed without discrimination between citizens and aliens”. 26 The ICESCR gives “everyone” the right to the progressive realisation of social, economic and cultural rights, including health, housing and education. And to labour rights, such as collective bargaining, workers compensation, social security, just and favourable working conditions and environment. It also requires states to provide emergency health care to everyone, at a minimum. The CAT reinforces the prohibition of torture and grants general protection against refoulement to a country that would place the person at a risk of torture. The ICERD requires that laws against racial discrimination must apply to non-citizens “regardless of their immigration status”. 27 B. The CMW The CMW was adopted by the United Nations General Assembly Resolution 45/158 of 18 December 1990 and a United Nations Special Rapporteur on the Rights of Migrants was appointed. The Convention represents the most comprehensive international treaty on migrant rights. It establishes international definitions for categories of migrant workers and formalizes the responsibility of receiving states in upholding the rights of migrant workers and members of their families. The text of the Convention brings together in a single document the rights which already protect migrants, including irregular migrants, and which have already been accepted by The Human Rights of Migrants

25 Article 7 and 8, ICESCR. 26 Human Rights Committee, General Comment 15 , on the rights of aliens. 27 ICERD General Recommendation No. 30 1.7.

205