CMW/C/GC/2 the Convention, and in particular Part III. Article 7 covers both de jure and de facto discrimination. In this context, de jure refers to discrimination that exists in the law, and de facto refers to discrimination that exists in fact or has an effect even though not formally or legally recognized. States parties shall respect the prohibition of discrimination by ensuring that their laws, regulations and administrative practices do not discriminate against migrant workers and members of their families. The Committee is of the view that merely addressing de jure discrimination will not ensure de facto equality. Therefore, States parties shall protect the rights under the Convention for all migrant workers by adopting positive measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate de facto discrimination against them. 20. Article 7 prohibits both direct and indirect discrimination against migrant workers. In line with the jurisprudence of other international human rights mechanisms, indirect discrimination against migrant workers occurs when a law, policy or practice appears neutral at face value, but has a disproportionate impact on their rights. For example, requiring birth certificates for school enrolment may disproportionately affect migrant workers in an irregular situation, who often do not possess, or have been denied, such certificates. C. Protection of civil and political rights (Part III) 1. Protection against violence 21. Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to: (a) Adopt and implement legislation prohibiting such acts; (b) Effectively investigate cases of abuse and violence; (c) Prosecute and punish those responsible with appropriate punishments; (d) Provide adequate reparation to victims and members of their families; (e) Provide human rights training for public officials; and (f) Effectively monitor the conduct of State agents, and regulate that of private persons and entities, with a view to preventing such acts. 22. States parties are also required to take effective measures to fight all manifestations of racism, xenophobia or related intolerance against migrant workers and members of their families, especially those in an irregular situation, such as hate crimes, incitement to hatred and hate speech, including by politicians and in the media, and to raise public awareness about the criminal nature of such acts as well as to promote respect for migrant workers’ human rights. 2. Protection against arbitrary arrest and detention 23. Article 16 protects the right of migrant workers and members of their families to liberty and security of person (para. 1), and provides that identity controls of migrant workers must comply with the procedure established by law (para. 3). Article 16, paragraph 8

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