International Legal Instruments

'Numerous international legal instruments (Treaties, Conventions, Declarations etc) exist in order to ensure the rights of all human beings, including both documented and undocumented migrants.

Non-discrimination, equality before the law and equal protection of the law are basic and general principles relating to the protection of human rights. The principle of non-discrimination means that any differences in the treatment meted out to migrants must conform to international law and must not breach migrants’ internationally recognized human rights.

For a complete overview of the human rights which do in fact apply to undocumented migrants under international human rights law, please refer to PICUM's report 'Undocumented Migrants Have Rights: An Overview of the International Human Rights Framework'.
 

Below is a list of the most important standard-setting legal instruments regarding the general protection of universal rights, crucial in order to fully understand the rights of undocumented migrants.

International Legislation

• United Nations Universal Declaration of Human Rights
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
• Convention Relating to the Status of Refugees
• International Covenant on Civil and Political Rights (articles referring to migrant workers: 8, 13, 14, 21, 22, 26, 27)
• International Covenant on Economic, Social and Cultural Rights (articles referring to migrant workers: 6, 7, 8, 9, 10, 11)
• International Convention on the Elimination of All Forms of Racial Discrimination
• International Convention on the Reduction of Statelessness
• International Convention against Discrimination in Education
• International Convention on the Elimination of All Forms of Discrimination against Women
• International Convention on the Rights of the Child
• International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• ILO Convention No. 143 (Supplementary Provisions) Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers
• ILO Convention No. 97 on Migration for Employment (Revised), 1949
• Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live

European Legislation

• European Convention for the Protection of Human Rights and Fundamental Freedoms
• European Social Charter