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Day of General Discussion on the rights of migrant workers in an irregular situation and members of their families

agosto 30, 2011

On Monday 19 September 2011, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families will hold a Day of General Discussion in Geneva focusing on “the Protection of the Rights of Migrant Workers in an Irregular Situation and Members of their Families.”

The full day of discussion will take place during the fifteenth session of the Committee at the United Nations Office in Geneva (Palais Wilson). It is a public meeting in which representatives of governments, UN bodies and specialised agencies, intergovernmental organisations and non-governmental organisations are invited to participate.

After a general introduction, the discussions will take place in three working groups, each focusing on a different theme: (1) The criminalization of migrant workers in an irregular situation and members of their families, and their vulnerability to exploitation and abuse; (2) Availability and restrictions of economic and social rights of migrants workers in an irregular situation and members of their families and (3) The challenges of protecting the rights of migrant workers in an irregular situation and members of their families.  Participants are requested to reflect upon the following questions, among others:

Working group 1: The criminalization of migrant workers in an irregular situation and members of their families, and their vulnerability to exploitation and abuse

•  To what extent are migrants in an irregular situation treated as criminals?
•  To what extent are migrants in an irregular situation perceived as a threat or danger to societies?
•  To what extent are migrants in an irregular situation vulnerable?
•  To what extent does the criminalization of migrants in an irregular situation have implications for their enjoyment of basic social rights?
•  How to increase awareness about the rights of migrants in an irregular situation among the public and the migrants themselves?
•  How can the right of migrant workers in an irregular situation to organize be ensured?
•  Under what circumstances, if any, can migrants in an irregular situation and members of their families be detained and which rights should they enjoy, including access to detention centres by non-governmental organizations?
•  To what extent are alternatives to administrative detention of migrants in an irregular situation implemented?
•  How to establish effective complaint mechanisms for migrant workers in an irregular situation?
•  What are the good practices?

Working group 2: availability and restrictions of economic and social rights of migrants workers in an irregular situation and members of their families

•  What are the economic and social rights recognized to migrant workers in an irregular situation and members of their families, by the international law?
•  To what extent are the economic and social rights of migrants in an irregular situation recognized in the domestic law?
•  How can the legal and practical obstacles to access to health, education, housing, water and sanitation, social security, and labour rights be eliminated?
•  Which monitoring mechanisms can ensure that economic social and cultural rights are upheld including in detention centres?
•  What are the good practices?

Working group 3: The challenges of protecting the rights of migrant workers in an irregular situation and members of their families

• What are the major challenges faced by States when implementing the rights of migrant workers in an irregular situation and members of their families?
• How can these challenges be addressed?
• Is there any evidence that the Convention acts as a pull factor for irregular migration?
• How can the misunderstandings about the content of the Convention in relation to irregular migration and the obstacles to ratify it be surmounted?
• What are the good practices?

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