International law and customary law grant all human beings, regardless of their status, the right to the protection of their human rights. Migrant integration entails rights and obligations: migrants have the same fundamental rights and are subject to the same legal obligations and duties as citizens of the country in which they live. Therefore, States are called upon to ensure the fundamental rights of migrants, such as education, health, adequate housing or family life.
The foregoing is based on the fact that the human rights framework is governed by the principle of non-discrimination, which all States must follow regardless of whether they have ratified the conventions or not. This principle establishes that all persons have the right to human rights regardless of their race, sex, language or religion. This includes migrants, regardless of their status. See: United Nations (2014), The economic, social and cultural rights of migrants in an irregular situation.
To monitor the implementation of these instruments, the recommendation is to review United Nations document (2012), Human Rights Indicators, a Guide for Measurement and Application to develop indicators that can be used in human rights assessments and serve to promote the application and effective enjoyment of human rights. Specifically, Annex I: Metadata sheets on selected indicators.
The following table offers an overview of some of the rights that are essential for the inclusion of migrants, although you can find other relevant instruments in IPPDH and IOM (2017), Regional Handbook on the Human Rights of Migrants (Derechos humanos de las personas migrantes. Manual Regional).
International human rights law
International Covenant on Civil and Political Rights (1966)
The right to leave any country, the right to liberty of movement and freedom to choose his/her residence (Art. 12); the due procedural guarantees related to being expelled from a country (Art. 13); the right of minorities to enjoy their own culture, to profess and practice their own religion, or to use their own language. (Art. 27).
International Covenant on Economic, Social and Cultural Rights (1966)
It recognizes the importance of economic, social and cultural rights for the inherent dignity of the human person. For instance, Art. 15 (1) (a) on the right to take part in social and cultural life. These must be guaranteed without any discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
Convention on the Rights of the Child (1989)
It recognizes a broad range of rights for all children, without distinction. One of them is family reunification, so it is the right of children and their parents to leave any country and enter their own (art. 10).
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
It establishes a set of fundamental rights that applies to all migrant workers and their families, including undocumented migrants. For instance: non-discrimination (Art. 7); the right to freedom of thought, conscience and religion (Art. 12); the right to liberty and security of person (Art. 16); social security (Art. 27); the right to receive any medical care that is urgently required (Art. 28); the basic right of access to education (Art. 30); the right to form associations and trade unions (Art. 40); and the integration of children in the local school system (Art. 45), among others.
International Convention on the Elimination of All Forms of Racial Discrimination (1965)
It establishes that the States parties shall punish racial discrimination and refrain from engaging in any act or practice of discrimination. Racial discrimination means any distinction, exclusion, restriction, or preference based on race, colour, lineage, or national or ethnic origin.
Convention relating to the Status of Refugees (1951)
No Contracting State shall expel or return ("refouler ") a refugee in any manner whatsoever to the frontiers of territories where his/her life or freedom would be threatened on account of his/her race, religion, nationality, membership of a particular social group or political opinion (Art. 33, 1).
American Convention on Human Rights (1969)
It includes the fundamental rights mentioned in the Universal Declaration of Human Rights and establishes principles for the international promotion and protection of human rights in the Americas. Art. 22, para 8, establishes that no alien may be deported or returned to a country, including his/her own, if his/her right to life is at risk.
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (1988)
It supplements the American Convention on Human Rights regarding the recognition of economic, social and cultural rights. It enshrines principles and rights, including the right to work (Art. 6), to Social Security (Art. 9), to Health (Art. 10) and to Education (Art. 13).
International labour law
Migration for Employment Convention (Revised), 1949 (No. 97)
It establishes norms to ensure equal treatment between migrant workers and national workers in terms of working conditions, social security, freedom of association, remuneration and access to justice. It also aims at preventing the exploitation, abuse and discrimination of migrant workers, and at promoting international cooperation in managing migration for employment.
Migrant Workers (supplementary provisions) Convention, 1975 (No. 143)
It establishes measures to improve the protection of all migrant workers against abusive conditions, and to ensure equal opportunities and treatment in terms of employment and profession, social security, trade union and cultural rights, and individual and collective freedoms.
International human rights law
The International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (1990)
Migrant workers and members of their families shall have the right at any time to enter and remain in their State of
origin. (Art. 8, para. 2); the right to have recourse to the protection and assistance of the consular or diplomatic
authorities of their State of origin (Art. 23); Concerning migrant workers and members of their families in a regular
situation, States Parties concerned shall co-operate as appropriate, on terms agreed upon by those States, with a view
to promoting adequate economic conditions for their resettlement (Art. 67).
International Covenant on Civil and
Political Rights (1966)
No one shall be arbitrarily deprived of the right to enter his/her own country. (Art. 12).
Convention
on the Rights of the Child (1989)
States Parties shall respect the right of the child and his or her parents to leave any country, including their own,
and to enter their own country (Art. 10, para. 2).
American
Convention on Human Rights (1969)
No one can be expelled from the territory of the state of which he/she is a national or be deprived of the right to
enter it (Art. 22, para. 5).
Vienna Convention on
Consular Relations (1963)
People must have the help and assistance of the sending State (Art. 5, subparagraph e).
