Embedded Files
By: Lily N. Shanker
Who is Covered
These laws apply to all migrant workers and their families within nations who have approved the application of international conventions to be integrated into pre-existing law.
Key Rights and Protections
All migrant workers have a right against discrimination at the hands of whichever government in which they are subject to (ICCPR Article 2 Section 1).
Article 2 Section 1 of the International Covenant on Civil and Political Rights refers to provisions requiring signing states (including India) to respect the fundamental rights of all individuals, regardless of citizenship, religious, or national status.
All migrant workers are owed the same degree of international protection of rights, regardless of documentation status within their current country of practice and/or residence (ICPRAMWMTF Article 1 Section 1).
Article 1 Section 2 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families requires all signing countries to award the same basic labor considerations to all migrant workers and their families under a government not of their origin, without any distinctions based on “sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status”.
All migrant workers have a right to manifest and practice a religion of their choice are protected against discrimination within a profession and practice thereof on account of faith (ICPRAMWMTF Article 12 Section 3).
Article 12 Section 3 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families covers the stipulation that all migrant working families can only have religion be regulated in the context of labor in the case that association and practice poses a reasonable threat to public safety, or infringes on the freedom of others while working in a nation state outside of initial origin.
Works to Protect Against
Exclusivity of labor laws
Religious, ethnic, racial discrimination
Infringement of individual freedoms, the same basic rights owed to documented citizens of certain governments
Violation of individual rights and equality of migrant workers under a non-original government
Stripping basic rights based on documentation or national status
What All Migrant Workers Should Know
You do not need to be an Indian citizen to be protected under these covenants
You and your family are protected by these covenants
Where to Get Help
UN Body India (International Labour Organization Agency): Telephone: +91 11 24602101-4 Email: delhi@ilo.org
UN Body India (Refugee Agency) Telephone: +91 11 2469 4256 Email: indne@unhcr.org
Sources
“India.” International Labour Organization, 9 Apr. 2024, www.ilo.org/regions-and-countries/asia-and-pacific/india.
“India UN Body | Contact Us .” Contact Us | the United Nations in India, 2025, india.un.org/en/contact-us.
“OHCHR | International Standards Governing Migration Policy.” OHCHR, United Nations, www.ohchr.org/en/migration/international-standards-governing-migration-policy.
“The Resource : Part v. Persons with Disabilities and Multiple Discrimination - Rights of Special Groups, 10/10.” Www.un.org, www.un.org/esa/socdev/enable/comp509.htm.
“UNHCR India |.” UNHCR India, www.unhcr.org/in/.
United Nations. “International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.” OHCHR, 18 Dec. 1990, www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-rights-all-migrant-workers.
“International Covenant on Civil and Political Rights.” OHCHR, United Nations, 1966, www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.
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