Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 273
The Optional Protocol to the Convention on the Rights of the Child on
the Sale of Children, Child Prostitution and Child Pornography also prohibits
the sale of children, including for purposes of forced labour, 1144
and child prostitution. 1145 The Optional Protocol to the Convention on
the Rights of the Child on the Involvement of Children in Armed Conflict
prohibits the compulsory recruitment of children under the age of 18
into the armed forces and requires States to take measures to ensure
that recruitment of those below the age of 18 is truly voluntary. 1146
III. Workplace rights
International law protects rights at work in a number of ways. Firstly,
each individual retains the full range of his or her human rights when he
or she enters the workplace. In the case of employment in the private
sector, the State has obligations to take positive steps to protect these
rights. The circumstances of employment, working terms and conditions,
and day-to-day work-place interactions may implicate a variety
of human rights, and depending on the circumstances, may give rise to
violations.
Secondly, international law provides for particular human rights protection
that is specific to the work context. Such workplace rights, or aspects
of them, are widely recognised in human rights treaties including,
at a global level, ICESCR, ICERD, ICEDAW and the ICRMW 1147 and in
general (with the exception of provisions of Part IV of the ICRMW) apply
to all migrants, whether or not they are legally present on the territory.
This contrasts with rights under ILO instruments, which for the most
part protect only regular migrant workers.
These rights entail a range of obligations for the State in relation to the
workplace. For example, the ICESCR includes the following rights:
• the right to fair wages and equal remuneration for work of equal
value without distinction of any kind, in particular women being
guaranteed conditions of work not inferior to those enjoyed by
men, with equal pay for equal work (Article 7(a)(i));
1144 See, Articles 1, 2(a) and 3(a), Optional Protocol to the Convention on the Rights of the Child
on the Sale of Children, Child Prostitution and Child Pornography (OP-CRC-SC).
1145 See, Articles 1, 2(b) and 3(b) OP-CRC-SC.
1146 Articles 2 and 3, Optional Protocol to the Convention on the Rights of the Child on the Involvement
of Children in Armed Conflict (OP-CRC-AC).
1147 Articles 6, 7 and 8 ICESCR; Articles 5(e)(i) and 11 CEDAW; Article 27 ICERD; Article 23.1
UDHR; Articles 11, 25, 26, 40, 52, and 54 ICRMW; Article XIV ADRDM; Articles 6 and 7,
Protocol of San Salvador; Article 15 ACHPR; Article 34 ArCHR; Articles 1, 2, 3, 4 ESC(r);
Article 13, Protocol to the ACHPR on the Rights of Women in Africa; Declaration on the Human
Rights of Individuals Who are not Nationals of the Country in which They Live, Article 8;
Declaration on Social Progress and Development, Article 6.