Guide on ratification of the Migrant Workers Convention

Equality with nationals extends also to emergency medical care (Art. 28) 20 and to social
security (Art 27), although it is not insignificant that the Convention links the right to social
security to the fulfillment of requirements that may exist in applicable domestic legislation
and bilateral and multilateral treaties. Children of a migrant worker have the right of access to
education on the basis of equality of treatment with nationals of the State concerned (Art. 30).
• Confiscation of identity documents
The Convention prohibits the practice of confiscation by employers of migrant workers’
passports and states clearly that only public officials duly authorised by law are allowed to
confiscate or destroy identity documents, entry permits, residence permits or work permits
(Art. 21).
• Transfer of earnings
Upon the termination of their stay in the State of employment, all migrant workers and
members of their families have the right to transfer their earnings and savings as well as their
personal effects and belongings (Art. 32).
• Right to information
Migrant workers and members of their families have the right to be informed by States of
origin, of transit and of employment about their rights arising from the present Convention as
well as the conditions of their admission, and their rights and obligations in those States. Such
information should be made available to migrant workers free of charge and in a language
understood by them (Art. 33).
• Respect for cultural identity
States parties shall ensure respect for the cultural identity of all migrant workers and members
of their families and shall not prevent them from maintaining cultural links with their country
of origin (Art. 31). States parties must also respect the liberty of parents to ensure the
religious and moral education of their children in conformity with their own convictions (Art.
12, para. 4).
• Obligation to comply with local law
All migrant workers and members of their families have the obligation to comply with the
laws and regulations of any State of transit or of employment as well as the obligation to
respect the cultural identity of their inhabitants (Art. 34).
20 Other human rights treaties go beyond the protection provided in the ICRMW. The International
Covenant on Economic, Social and Cultural Rights (ICESCR) in its Article 12 states that: “The States
Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health.” The Committee on Economic, Social and Cultural
Rights (CESCR), which supervises the implementation of this Covenant has emphasised, in its General
Comment No. 14 on Article 12, that “(…) States are under the obligation to respect the right to health
by, inter alia, refraining from denying or limiting equal access for all persons, including prisoners or
detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative
health services (…)”.
19