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

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

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274 | PRACTITIONERS GUIDE No. 6• the right to a decent living for workers and their families(Article 7(a)(ii));• the right to safe and healthy working conditions (Article 7(b));• the right to equal opportunity for everyone to be promoted inhis or her employment to an appropriate higher level, subject to<strong>no</strong> considerations other than those of seniority and competence(Article 7(c));• the right to rest, leisure and reasonable limitation of workinghours and periodic holidays with pay, as well as remuneration forpublic holidays (Article 7(d));• the right to <strong>no</strong>n-discrimination in the realisation of all the componentsof the right to work and of workplace rights (Articles 6and 7, read together with Article 2.2). 1148The Inter-American Court has identified within the minimum core of labourrights “the prohibition of obligatory or forced labor; the prohibitionand abolition of child labor; special care for women workers, and therights corresponding to: freedom of association and to organize andjoin a trade union, collective negotiation, fair wages for work performed,social security, judicial and administrative guarantees, a working day ofreasonable l<strong>eng</strong>th with adequate working conditions (safety and health),rest and compensation.” 1149 It has <strong>no</strong>ted that the safeguard of theserights for migrants is essential, based on the principle of the inalienablenature of such rights, which all workers possess, irrespective of theirmigratory status, and also the fundamental principle of human dignityembodied in Article 1 of the <strong>Universal</strong> Declaration. 1150The European Social Charter (revised) includes the right to just conditionsof work, 1151 the right to safe and healthy working conditions, 1152the right to a fair remuneration, 1153 the right to protection in cases oftermination of employment, 1154 the right of workers to the protectio<strong>no</strong>f their claims in the event of the insolvency of their employer, 1155 theright to dignity at work, 1156 and the right of workers with family re-1148 See also, article 7, Protocol of San Salvador; Articles 1, 2, 3 and 4 ESC(r); Articles 30 and31, EU Charter.1149 Advisory Opinion on Undocumented Migrants, IACtHR, op. cit., fn. 33, para. 157.1150 See, ibid., para. 157.1151 Article 2, ESC(r).1152 Article 3, ibid.1153 Article 4, ibid.1154 Article 24, ibid.1155 Article 25, ibid.1156 Article 26, ibid.

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