Convention on the Protection of the
Rights of Migrant Workers (CMW,
1990)
The CMW Committee and the CRC
Committee have issued two complementary
joint General Comments expanding on the
rights of children in the context of
international migration and the protections
against statelessness under the CMW and
CRC.
Treaty body: CMW Committee
Ratification status: 29 African States
Key article(s): Article 7, Article 21, Article
22, and Article 29
The CMW protects both regular and irregular
Joint Comment No. 3 (2017) of the CMW
Committee and No. 22 (2017) of the CRC
Committee: General Principles Regarding
the Human Rights of Children in the Context
of International Migration:[14]
migrant workers and their families.
Article 29 provides direct protection against
statelessness for children of migrant workers by
recognising their right to birth registration and
the Committees affirm that all children
right to a nationality.
affected by international migration are
entitled to the enjoyment of their rights,
The CMW
also provides indirect protection by
regardless
their
parents,
Article 7 ensures that migrant workers and
members
their
the
enjoy
all
rights
under
the
Convention without discrimination based on
sex, race, colour, language, religion, ethnic or
social origin, nationality, or other status.
Article 21 prohibits the arbitrary confiscation
or destruction of identity documents, travel
documents,
or
documents
authorising
residence
Article
22
provides
protection
their
documentation
status, statelessness, or the status of
guaranteeing basic rights and protections:
families
of
against
arbitrary expulsion, which can be vital for
stateless migrants who might be at risk of
guardians,
Committees
or
emphasise
family
that
the
child’s right to life includes obligations
on
States
to
prevent
and
mitigate
migration-related risks faced by children
and
special
attention
is
urged
for
undocumented children, asylum-seeking
children,
and
stateless
children
as
particularly vulnerable groups
the Committees recommend continuous
and periodic training for child protection,
migration,
training
and
related
officials.
should
cover
the
rights
This
of
deportation due to their lack of nationality
children,
and/or documentation
stateless persons, including issues of
Article 44 provides protection for family unity
intersectional discrimination.
migrants,
refugees,
and
and encourages States to adopt measures to
facilitate
family
reunification,
which
may
include documentation.
[14] UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), UN Committee on the Rights of the
Child (CRC), Joint General Comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families and No. 22 (2017) of the Committee on the Rights of the Child on the General Principles Regarding the Human Rights of Children in the
context of International Migration, CMW/C/GC/3-CRC/C/GC/22, 16 November 2017, https://www.refworld.org/legal/general/cmw/2017/en/149169.
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