Fundamental Rights of Migrants and Their Codification in International Law

The term "migrant" is defined in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (New York, 1990) (Article 2). A migrant is any person who will engage, is engaging, or has engaged in remunerated activities in a state of which they are not a citizen.

Under international legal instruments, the following categories of migrants are identified:

• Refugees – Persons forced to flee their home countries due to persecution, war, or violence.
• Asylum Seekers – Individuals who have applied for refugee status but have not yet received a decision.
• Labor Migrants – Persons migrating for work, often temporarily.
• Family Migrants – Individuals migrating to reunite with family members, such as spouses or children.
• Vulnerable Migrants – Those particularly at risk during migration, including children, women, the elderly, individuals with disabilities, and victims of human trafficking.
• Undocumented Migrants – Individuals residing in a country without valid documents or who have violated their visa conditions.
• Temporary Protection Migrants – Persons requiring temporary protection due to extraordinary conditions, such as armed conflicts, but who do not qualify as refugees.

Fundamental Rights of Migrants

Migrants, like all individuals, possess inherent rights enshrined in international law. These rights aim to protect their dignity, safety, and well-being, irrespective of their legal status. Below are the fundamental rights and their corresponding international standards.

1. Right to Life and Security
   Migrants are entitled to the inalienable right to life and protection from violence. Codified in:

   • Universal Declaration of Human Rights (Paris, 1948) (Article 3)
   • International Covenant on Civil and Political Rights (New York, 1966) (Article 6)

2. Protection Against Forced Return (Non-Refoulement)
   The principle of non-refoulement prohibits returning refugees to places where their lives or freedoms are at risk. Codified in:

   • Convention Relating to the Status of Refugees (Geneva, 1951) (Article 33)

3. Right to Access Justice
   Migrants have the right to fair judicial proceedings and to contest decisions related to deportation or denial of status. Codified in:

   • International Covenant on Civil and Political Rights (New York, 1966) (Article 14)

4. Right to Equality Before the Law
   Migrants are entitled to equal treatment under the law. Codified in:

   • International Covenant on Civil and Political Rights (New York, 1966) (Article 26)

5. Right to Health Care
   Migrants have the right to access medical services, including emergency care. Codified in:

   • International Covenant on Economic, Social and Cultural Rights (New York, 1966) (Article 12)

6. Right to Education
   Migrants are entitled to education, including compulsory primary education. Codified in:

   • International Covenant on Economic, Social and Cultural Rights (New York, 1966) (Article 13)

7. Right to Work and Protection Against Exploitation
   Migrants are entitled to fair remuneration and protection from labor exploitation. Codified in:

   • Universal Declaration of Human Rights (Paris, 1948) (Article 23)
   • Migration for Employment Convention (Revised), 1949 (No. 97) (Geneva, 1949)
   • Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) (Geneva, 1975)

8. Right to Housing
   Migrants have the right to adequate housing. Codified in:

   • International Covenant on Economic, Social and Cultural Rights (New York, 1966) (Article 11)

9. Right to Family Unity
   Migrants are entitled to the preservation and reunification of their family. Codified in:

   • International Covenant on Economic, Social and Cultural Rights (New York, 1966) (Article 10)

10. Freedom of Movement
    Migrants have the right to move freely within the host country and choose their place of residence. Codified in:

    • Universal Declaration of Human Rights (Paris, 1948) (Article 13)

11. Right to Participate in Cultural Life
    Migrants are entitled to partake in the cultural life of their host society and enjoy its benefits. Codified in:

    • International Covenant on Economic, Social and Cultural Rights (New York, 1966) (Article 15)

12. Protection Against Collective Deportation
    Collective expulsions are prohibited, and each deportation case must be individually reviewed. Codified in:

    • International Covenant on Civil and Political Rights (New York, 1966) (Article 13)
    • Protocol No. 4 to the European Convention on Human Rights (Strasbourg, 1963)

13. Right to Social Security
    Migrants are entitled to social services, including healthcare and employment assistance. Codified in:

    • International Covenant on Economic, Social and Cultural Rights (New York, 1966) (Article 9)

14. Protection from Violence and Exploitation
    Special protections are granted to vulnerable groups, such as women and children, from violence, trafficking, and abuse. Codified in:

    • Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo, 2000)

International law establishes a comprehensive framework of rights for migrants, irrespective of their legal status. These rights aim to safeguard their dignity, security, and enable integration into host societies. However, the practical implementation of these rights varies depending on the domestic laws and political will of individual states.

By FreedomPerson.com