CMW/C/GC/2
families have access to information on the amount of their accrued social security benefits
prior to their expulsion.
Consular protection
59.
Article 23 of the Convention provides for migrant workers and members of their
families subject to an expulsion decision to be informed without delay of their right, and to
have recourse to the protection and assistance of the consular or diplomatic authorities of
their State of origin. It also requires the authorities of the expelling State to facilitate the
exercise of this right. Accordingly, the expelling State shall inform the person concerned
without delay of this right, that is, at the time of or shortly after notifying the person of the
expulsion decision and preferably in a language he or she understands. It shall facilitate any
communication between the person concerned and the consular or diplomatic authorities of
the State of origin.
D.
Protection of economic, social and cultural rights (Part III)
1.
Protection against labour exploitation
Protection against forced and compulsory labour and child labour
60.
Article 11 of the Convention requires States parties to take effective measures
against all forms of forced or compulsory labour by migrant workers. 17 This includes debt
bondage, passport retention, and illegal confinement, for example. Article 21 obliges States
parties to ensure that employers and recruiters do not confiscate or destroy travel or identity
documents belonging to migrant workers. 18 States parties should provide training to law
enforcement officers, and ensure that occupations dominated by migrant workers,
especially women migrant workers, such as domestic work 19 and some forms of
entertainment, are protected by labour laws and subject to inspections. 20
61.
Article 25, paragraph 1 (b), of the Convention provides that laws and regulations on
the minimum age of employment shall equally apply to migrant children. The minimum
age shall not be less than 15 years, in accordance with article 2 of ILO Convention No. 138
(1973) concerning Minimum Age for Admission to Employment. Furthermore, in
accordance with article 11 of the Convention, States parties are obliged to ensure that child
migrant workers shall be protected from any form of slavery, prostitution or work that
would jeopardize their education, safety, morals and health, such as long hours of work. 21
States parties must protect child migrant workers from violence and ensure their rights to
education, leisure and occupational health.
Equal treatment
62.
Article 25, paragraph 1, provides for migrant workers, irrespective of their status, to
enjoy equal treatment to that of nationals in respect of remuneration, other conditions of
work and terms of employment. 22 While States parties may refuse migrant workers who do
not have work permits access to their labour markets, once an employment relationship has
17
18
19
20
21
22
16
ILO Convention No. 29 (see Note 8 above).
See Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 39.
ILO Convention No. 189 (2011) concerning Decent Work for Domestic Workers.
See Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 41.
ILO Convention No. 182 (see Note 8 above).
ILO Convention No. 111 (1958) concerning Discrimination (Employment and Occupation).
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