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

254 | PRACTITIONERS GUIDE No. 6allowing them the same possibility to apply for permanent residence,which would entitle them to the same benefits. 1045The ILO Convention No. 97 and the Geneva Refugee Convention both affirmthe obligation of a host country to apply to refugees, asylum seekers,and migrant workers, treatment no less favourable than that appliedto its own nationals, without discrimination in respect of nationality,race, religion or sex, in respect of “social security (that is to say, legalprovision in respect of employment injury, maternity, sickness, invalidity,old age, death, unemployment and family responsibilities, and any othercontingency which, according to national laws or regulations, is coveredby a social security scheme)”. 1046 The ILO Convention on Equalityof Treatment (Social Security) (No. 118) also affirms this principle. 1047Concerning refugees and asylum-seekers, the Geneva Refugee Conventionmandates States to “accord to refugees lawfully staying in their territorythe same treatment with respect to public relief and assistance as isaccorded to their nationals”. 1048 On the enjoyment of social benefits, theConvention provides that “States shall accord to refugees lawfully stayingin their territory the same treatment as is accorded to nationals in respectof [. . .] [s]ocial security (legal provisions in respect of employment injury,occupational diseases, maternity, sickness, disability, old age, death,unemployment, family responsibilities and any other contingency which,according to national laws or regulations, is covered by a social securityscheme)”. 1049 The Convention nevertheless provides for restrictionsto this right. The Convention accepts that “[t]here may be appropriatearrangements for the maintenance of acquired rights and rights in course1045 D.R. v. Australia, CERD, Communication No. 42/2008, Views of 15 September 2009,para. 7.1 (equally on the right to education, para. 7.2.); and D.F. v. Australia, CERD, CommunicationNo. 39/2006, Views of 3 March 2008, paras. 7.1–7.2.1046 Article 6.1, Migration for Employment Convention (Revised) (C97), ILO; and Article 24, GenevaRefugee Convention. These Articles also provides for specific limitations to this right. TheCommittee of Experts has found that such limitations might not imply or lead to an automaticexclusion of any given category of migrant workers from the benefits. See, Representation(article 24)—2003—China, Hong Kong SAR—C097—Report of the Committee set up to examinethe representation alleging non-observance by China—Hong Kong SAR of the Migrationfor Employment Convention (Revised), 1949 (No. 97) made under article 24 of the ILOConstitution by the Trade Union Congress of the Philippines (TUCP), Document No. (ilolex):162003CHN097 (TUCP v. China, ILO), para. 41.1047 See, Equality of Treatment (Social Security) Convention (C118), ILO, adopted on 28 June1962. It is not a highly ratified Convention, but some most developed countries are part ofit. See for interpretation of the Committee of Experts, Representation (article 24)—2003—Netherlands—C118—Report of the Committee set up to examine the representation madeby the Confederation of Turkish Trade Unions (TURK-IS) under article 24 of the Constitutionof the ILO, alleging non-observance by the Netherlands of the Equality of Treatment (SocialSecurity) Convention, 1962 (No. 118), Document No. (ilolex): 162003NLD118, Geneva,9 November 2006 (TURK-IS v. Netherlands, ILO).1048 Article 23, Geneva Refugee Convention.1049 Article 24(1), ibid.