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The Situation Of Migrants Workers In International Human Rights Law

Mridusmita Baruah, Gauhati University


In order to eliminate widespread discrimination against the migrant workers and members of their families and to establish a set of binding standards for the treatment and human rights of migrant workers and work to end their exploitation a Convention was adopted by the General Assembly on December 18, 1990[1] which is known as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Convention came into force on July1, 2003 in accordance with Article 87, Para 1 of the Convention. As on February 3, 2016, the Convention had 48 states parties. The 93 Article Convention is divided into 9 parts which cover its scope and definition, non-discrimination, human rights of all migrant workers irrespective of their status, other rights of those who are documented or in a ‘regular situation’.

The UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) is the most comprehensive international human rights treaty in the field of migration. It is an instrument of international law that is meant to protect migrant workers, whether in a regular or irregular situation. Adopted in 1990 by the UN General Assembly, it sets a standard in terms of migrants’ fundamental rights—a relevant objective at a time when the number of migrants is on the rise, and evidence regarding migration-related human rights abuses increases. Yet, while it entered into force on 1 July 2003, the Convention has been ratified by only 41 states, and by no single major Western immigration country.

[1] General Assembly Resolution 45/158, dated December 18, 1990


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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