278 | PRACTITIONERS GUIDE No. 6The ILO Conventions No. 111 and 158 do not cover discrimination basedon nationality, i.e. between nationals and non-nationals. 1175 Nevertheless,the ILO Committee of Experts has clarified that “while ILO Conventionsare deemed to establish minimum standards and should be interpretedas such by the ILO supervisory bodies, including this Committee, theseConventions do not preclude Member States from using their provisions inorder to grant more favourable conditions to the workers concerned. Oncegranted, however, more favourable conditions could not be revoked simplyon the grounds that they go beyond the minimum protection prescribedby the Convention in question.” 1176 This principle is also enshrined in theILO Constitution. 1177 As a consequence, the principle of non-discriminationcovering non-nationals, which comes from other international law instruments,may be applicable by reference also to these ILO Conventions.The ILO Domestic Workers Convention No. 189 1178 is also notable in thisrespect, as it contains specific provisions to address discrimination andabusive practices against migrant domestic workers in its Article 15.c) ICRMWArticle 25 ICRMW, which applies to all migrants regardless of legal status,sets out obligations of equal treatment of migrant workers. The ICRMWprovides that migrant workers shall enjoy treatment not less favourablethan that which applies to nationals of the State of employment inrespect of remuneration, conditions of work and terms of employment,including on overtime, hours of work, weekly rest, holiday with pay,safety, health, termination of employment relationship, minimum ageof employment, and restriction on work. 1179 These rights are not sub-1175 See, Representation (article 24)—1998—Ethiopia—C111, C158—Report of the Committeeset up to examine the representation alleging non-observance by Ethiopia of the Discrimination(Employment and Occupation) Convention, 1958 (No. 111) and the Termination of EmploymentConvention, 1982 (No.158), made under article 24 of the ILO Constitution by theNational Confederation of Eritrean Workers (NCEW), Document No. (ilolex): 161998ETH111,Geneva, 12 November 2001 (NCEW v. Ethiopia, ILO), para. 31; and, Representation (article24)—1997—Spain—C097, C111, C122—Report of the Committee set up to examine therepresentation alleging non-observance by Spain of the Migration for Employment Convention(Revised), 1949 (No. 97), the Discrimination (Employment and Occupation) Convention,1958 (No. 111), and the Employment Policy Convention, 1964 (No. 122), made under article24 of the ILO Constitution by the General Confederation of Labour of Argentina (CGT),Document No. (ilolex): 161998ESP097 (CGT v. Spain, ILO), para. 35.1176 TURK-IS v. Netherlands, ILO, op. cit., fn. 1047, para. 46.1177 Article 19.8, ILO Constitution, which reads: “In no case shall the adoption of any Conventionor Recommendation by the Conference, or the ratification of any Convention by any Memberbe deemed to affect any law, award, custom or agreement which ensures more favourableconditions to the workers concerned than those provided for in the Convention or Recommendation.”1178 Convention concerning decent work for domestic workers (C189), ILO, entered into force on5 September 2013.1179 Article 25.1 ICRMW. See, also, Declaration on the Human Rights of Individuals Who are notNationals of the Country in which They Live, Article 8.1(a).
MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 279ject to derogation in private contracts or because of the irregular staystatus of the migrant worker. 1180 The Committee on Migrant Workershas clarified that the list of rights in Article 25 is not exhaustive and the“equal treatment principle also covers any other matter that, accordingto national law and practice, is considered a working condition or termof employment, such as maternity protection.” 1181The ICRMW also requires States Parties to take positive measures to protectequality of treatment for irregular migrants, and provides that “employersshall not be relieved of any legal or contractual obligations, norshall their obligations be limited in any manner by reason of such irregularity”.1182 Furthermore, the Committee has stated that “States partiesshall provide for appropriate sanctions for employers who derogate fromthe principle of equality of treatment in private employment contractswith migrant workers in an irregular situation, and ensure that thosemigrant workers have access to labour courts or other judicial remedieswhen their rights are violated and without fear of being deported”. 1183 TheCommittee has dedicated its first General Comment to the category ofmigrant domestic workers, who are particularly at risk of exploitation. 1184d) Geneva Refugee ConventionUnder the Geneva Refugee Convention, a refugee lawfully present on theterritory of a State enjoys equal treatment to nationals in “remuneration,including family allowances where these form part of remuneration,hours of work, overtime arrangements, holidays with pay, restrictions onwork, minimum age of employment, apprenticeship and training, women’swork and the work of young persons, and the enjoyment of the benefitsof collective bargaining”. 1185 In addition, “[t]he right to compensationfor the death of a refugee resulting from employment injury or fromoccupational disease shall not be affected by the fact that the residenceof the beneficiary is outside the territory of the Contracting State.” 1186e) Inter-American systemThe Inter-American Court of Human Rights, whose approach to discriminationagainst migrants was addressed in Chapter 5, has statedthat “[a] person who enters a State and assumes an employment relationship,acquires his labor human rights in the State of employment,1180 Article 25.2–3 ICRMW.1181 CMW, General Comment No. 2, op. cit., fn. 2, para. 62. See also, paras. 63 and 64.1182 Article 25.3 ICRMW.1183 CMW, General Comment No. 2, op. cit., fn. 2, para. 64.1184 CMW, General Comment No. 1, op. cit., fn. 485.1185 Article 24.1(a), Geneva Refugee Convention.1186 Article 24.2, ibid.