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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents