INTERNATIONAL INSTRUMENTS
The human rights
of migrant workers and their families are protected by general and
specific human rights instruments of the
Universal
and
Inter-American
systems.
Furthermore,
within the universal human rights protection system a specific
convention and declaration were adopted on the duty to protect and
ensure the rights of migrant workers and their families. Aditionally,
the International Labour Organization approved two instruments related
to migrant workers.
The Rapporteurship
deems it necessary to highlight some instruments of special relevance
for the protection of migrant workers and their families in specific
situations:
Limitations to the
Possibility of Expelling, Deporting, or Removing a Person from a State
of which she is not a National
• Article
3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
1.
No State Party shall expel, return ("refouler") or extradite a person to
another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture.
2.
For the purpose of determining whether there are such grounds, the
competent authorities shall take into account all relevant
considerations including, where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant or mass violations
of human rights.
•
Articles 32 and 33
of the Convention relating to the Status of Refugees
Article 32. Expulsion
1.
The Contracting States shall not expel a refugee lawfully in their
territory save on grounds of national security or public order.
2.
The expulsion of such a refugee shall be only in pursuance of a decision
reached in accordance with due process of law. Except where compelling
reasons of national security otherwise require, the refugee shall be
allowed to submit evidence to clear himself, and to appeal to and be
represented for the purpose before competent authority or a person or
persons specially designated by the competent authority.
3.
The Contracting States shall allow such a refugee a reasonable period
within which to seek legal admission into another country. The
Contracting States reserve the right to apply during that period such
internal measures as they may deem necessary.
Article 33. Prohibition of expulsion or return ("refoulement")
1.
No Contracting State shall expel or return ("refouler") a refugee in any
manner whatsoever to the frontiers of territories where his life or
freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political
opinion.
2.
The benefit of the present provision may not, however, be claimed by a
refugee whom there are reasonable grounds for regarding as a danger to
the security of the country in which he is, or who, having been
convicted by a final judgment of a particularly serious crime,
constitutes a danger to the community of that country.
Deprivation of
Liberty
Consular
Protection
•
Article 36 of the
Vienna Convention on Consular Relations
Article 36
COMMUNICATION AND CONTACT WITH NATIONALS OF THE SENDING STATE
1.
With a view to facilitating the exercise of consular functions relating
to nationals of the sending State:
(a)
consular officers shall be free to communicate with nationals of the
sending State and to have access to them. Nationals of the sending State
shall have the same freedom with respect to communication with and
access to consular officers of the sending State;
(b)
if he so requests, the competent authorities of the receiving State
shall, without delay, inform the consular post of the sending State if,
within its consular district, a national of that State is arrested or
committed to prison or to custody pending trial or is detained in any
other manner. Any communication addressed to the consular post by the
person arrested, in prison, custody or detention shall also be forwarded
by the said authorities without delay. The said authorities shall inform
the person concerned without delay of his rights under this
sub-paragraph;
(c) consular officers shall have the
right to visit a national of the sending State who is in prison, custody
or detention, to converse and correspond with him and to arrange for his
legal representation. They shall also have the right to visit any
national of the sending State who is in prison, custody or detention in
their district in pursuance of a judgment. Nevertheless, consular
officers shall refrain from taking action on behalf of a national who is
in prison, custody or detention if he expressly opposes such action.
2.
The rights referred to in paragraph 1 of this Article shall be exercised
in conformity with the laws and regulations of the receiving State,
subject to the proviso, however, that the said laws and regulations must
enable full effect to be given to the purposes for which the rights
accorded under this Article are intended.
Trafficking in
Persons and Smuggling of Migrants
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