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25/07/2013

Current challenges in the implementation of the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

PE 433.715
Document requested by the European Parliament's Subcommittee on Human Rights



Analysis of the reasons submitted by EU Member States preventing them from ratifying the International Convention for the Rights of Migrant Workers and Members of Their  Families (ICRMW) demonstrates that there are no insurmountable barriers to ratification  and that the decision on ratification is largely driven by political choice rather than by an  objective legal scrutiny. This briefing paper clearly shows that most of the rights  enshrined in the ICRMW are already recognised in EU legislation or in other international  instruments ratified by EU Member States. The ICRMW clearly distinguishes between the  rights of regular and irregular migrants in great detail and is the only Human Rights  Convention that does so. 
The EU legislative approach to labour migration policies has tended to classify migrants  into particular ‘categories’ resulting in diverse sets of rules and rights for different groups.  The EU aims to adopt a balanced approach in its migration policy that is in line with the  general objective of the Convention of favouring legal migration and reducing irregular  movements. The briefing paper shows that the ratification of the Convention, which is  primarily a human rights instrument aiming at protecting the fundamental rights of all  migrants, could help the EU and its Member States to ensure holistic and long-term  sustainable migration governance based on taking into consideration the needs of  countries of origin, destination and transit as well as the rights of the individuals involved  in the migration process.

author(s): K. Touzenis, A. Sironi (International Migration Law Unit, International Organization for Migration)
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