CMW/C/GC/2 and to free choice of residence of migrants insofar as they are lawfully within the territory of a State party. 10. Similarly, the International Covenant on Economic, Social and Cultural Rights also provides for a broader range of rights, including the right to strike, the right to freely enter marriage, the right to maternity protection, the right to special protection of children and adolescents, the right to an adequate standard of living including adequate food and clothing, and certain cultural rights. The Convention does not provide for such rights only in relation to migrant workers in a regular situation. In addition, the Covenant recognizes the rights to work, to vocational guidance and training, to form trade unions, to protection of the family, to housing, and to participate in cultural life. The Convention recognizes these rights in relation to migrant workers in a regular situation and members of their families. In addition, most of the economic, social and cultural rights in Part III of the Convention have a narrower scope than their counterparts in the Covenant. Regional human rights treaties 11. Regional human rights treaties protect all migrants against refoulement 3 and collective expulsion. 4 However, the procedural safeguards in individual expulsion proceedings in regional human rights treaties apply only to migrants who are lawfully within the territory of a State party. 5 The rights protected in the European Social Charter apply to “foreigners only insofar as they are nationals of other Contracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned”, or to migrant workers and their families “lawfully within their territories”. 6 The opinions of the European Committee of Social Rights, however, have held that the European Social Charter also applies to vulnerable categories of undocumented migrant children. Moreover, the right to education is guaranteed to all migrant children, regardless of their migration status, in all regional human rights systems. 7 International Labour Organization 12. International labour standards adopted by the International Labour Conference of the International Labour Organization (ILO) apply to migrant workers, including those in an irregular situation, unless otherwise stated. The fundamental principles and rights at work set out in the eight fundamental ILO Conventions 8 apply to all migrant workers, 3 4 5 6 7 8 See European Convention on Human Rights (ECHR), art. 3; American Convention on Human Rights (ACHR), art. 22, para. 8; and African Charter on Human and Peoples’ Rights (ACHPR), art. 5. See Protocol No. 4 to ECHR, art. 4; ACHR, art. 22(9); ACHPR, art. 12(5); and Arab Charter on Human Rights (Arab Charter), art. 26(1). See Protocol No. 7 to ECHR, art. 1; ACHR, art. 22(6); ACHPR, art. 12(4); and the Arab Charter, art. 26(2). European Social Charter, arts. 19(4-9), and the appendix. See Protocol No. 1 to ECHR, art. 2 (read in conjunction with art. 14 of ECHR); ACHPR, art. 17(1); and African Charter on the Rights and Welfare of the Child, art. 11. See also the case law of the European Committee of Social Rights on art. 17(2) of the revised European Social Charter and the jurisprudence of the Inter-American Court of Human Rights on art. 19 of ACHR. Conventions No. 29 (1930) concerning Forced Labour; No. 105 (1957) concerning the Abolition of Forced Labour; No. 138 (1973), concerning Minimum Age for Admission to Employment; No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; No. 87 (1948) concerning the Freedom of Association and Protection of the Right to Organize; No. 98 (1949) concerning the Right to Organize and Collective Bargaining; No. 100 (1951) concerning Equal Remuneration; and No. 111 (1958) concerning Discrimination (Employment and Occupation). 5

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