• Obligation on States to criminalize and sanction persons or groups who unlawfully destroy or confiscate identification, work or residency documents; use violence, threats or intimidation against migrant workers, or employ them in irregular circumstances (arts. 21and 68); and • Protection of all migrant workers, including those in an irregular situation, from unfair or arbitrary expulsion (art. 22). (IDPs). Refugees, asylum-seekers and IDPs are all entitled to the protection of their basic human rights as well as to additional status-related protections, considered briefly below. The technical legal question of whether trafficking can itself form the basis of a claim for refugee status (as well as the related issue of non-refoulement as it applies to the response of States to trafficking) is considered separately, under the discussion of Principle 3 and related guidelines, below. Other international conventions with provisions relevant to the protection of migrant workers include the European Social Charter, article 19 (4), which provides rights for migrant workers and their families who are lawfully within the country. International law as it relates to refugees seeks to provide some measure of legal protection for persons who are forced to flee their countries of origin because of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.94 A claim for international protection in the case of trafficking can arise in different circumstances. For example: The Inter-American Court of Human Rights has noted the precarious position of undocumented workers who “are frequently employed under less favourable conditions of work than other workers”. The Court has held that “the migratory status of a person can never be a justification for depriving him of the enjoyment and exercise of his human rights, including those related to employment”. The State’s duty of due diligence means that it “should not allow private employers to violate the rights of workers, or the contractual relationship to violate minimum international standards”.92 1.4.4. HUMAN RIGHTS OF REFUGEES, ASYLUM-SEEKERS AND INTERNALLY DISPLACED PERSONS93 (i) Where the victim has been trafficked to a country other than her/his own and seeks the protection of the host State; or (ii) Where the victim, fearing trafficking or having already been trafficked within her or his own country, manages to escape and flee to another country in search of protection. As discussed further under Principle 3 and related guidelines, in order to be recognized as a refugee, the individual concerned must be found to have a “well-founded fear of persecution” linked to one or more of the grounds set out in the Refugee Convention and The Refugee Convention, as amended by the Refugee Protocol, defines a refugee in article 1A(2) as anyone who:“[o]wing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”. 94 Victims of trafficking may also be refugees, asylum-seekers or internally displaced persons Undocumented Migrants Case, paras. 134, 136 and 148. 92 For a more detailed consideration of the issues around trafficking and asylum, see Gallagher, International Law of Human Trafficking, chap. 3. 93 COMMENTARY 69