A/HRC/31/32
36.
The search for work is an important driver of migration today. 47 Whether migration
from the place of origin is determined by the lack of decent work or by other reasons such
as persecution, conflict, poverty, discrimination or environmental degradation, work is an
essential condition for integrating in the host country. 48 Migration is also a key factor for
the interdependent economic and social development of countries of origin, transit and
destination.49 Migrant workers and their families often find themselves in vulnerable
situations in the State of employment,50 which may be aggravated by factors such as
gender, ethnicity, religion, language or legal status. Many suffer abuse and discrimination,
including low wages, lack of decent working conditions, lack of social protection and
denial of basic rights and freedoms. Non-discrimination on the basis of national origin also
applies to the right to work. 51 States must take immediate steps to prevent migrant workers
from being victims of discrimination and exploitation while adopting special measures to
facilitate their access to the labour market. Articles 17-19 of the 1951 Convention relating
to the Status of Refugees include specific provisions to ensure access to work opportunities
for refugees, which entail, at a minimum, the removal of legal barriers to refugees engaging
in gainful employment.
37.
Asymmetries between national immigration policies and economic and social
pressures influencing emigration result in millions of migrant workers remaining
undocumented52 and vulnerable to discrimination, violations of their fundamental rights and
exploitation at work. Migrants who are unable to access safe and regular channels for
labour migration will often end up in an irregular situation. Article 25 (3) of International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families provides that States parties shall take all appropriate measures to ensure that
migrant workers are not deprived of any rights derived from this principle by reason of any
irregularity in their stay or employment. In particular, employers shall not be relieved of
any legal or contractual obligations, nor shall their obligations be limited in any manner by
reason of such irregularity.53 Even people who have not been granted authorization to work
because of their migration status are entitled, once they are employed, to protection from
exploitative or forced work or discrimination in the enjoyment and exercise of their human
rights, including those related to employment.54 Migrants who are in a regular situation can,
similarly, be vulnerable to abuse and exploitation, such as when their work and residence
permits are tied to one employer.
6.
Right to work and child protection
38.
Certain norms and standards in the area of the right to work are relevant for children
and adolescents. On the one hand, there is an important connection between the right to
47
48
49
50
51
52
53
54
10
See ILO, International Labour Migration: A Rights-Based Approach (Geneva, 2010).
Thus, the Committee on Economic, Social and Cultural Rights is concerned about the situation of
States parties such as Bulgaria, where asylum seekers are not allowed to work during the first year of
their stay in the State party (E/C.12/BGR/CO/4-5).
Egypt highlights this aspect in its contribution, while Guatemala and Serbia underscore their
legislative measures regarding migrant labour.
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, preamble; Commission on Human Rights resolution 2002/62, preamble.
International Covenant on Economic, Social and Cultural Rights, art. 2 (2); International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 25.
European Union Agency for Fundamental Rights, Fundamental Rights of Migrants in an Irregular
Situation in the European Union (Vienna, European Union, 2011); Parliamentary Assembly of the
Council of Europe, resolution 1509 (2006) on human rights of irregular migrants.
See OHCHR, The Economic, Social and Cultural Rights of Migrants in an Irregular Situation, United
Nations publication, Sales No. E.14.XIV.4, chap. VI.
Inter-American Court of Human Rights, Juridical condition and rights of undocumented migrants,
advisory opinion OC-18/03 of 17 September 2003, paras. 133-134.
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