Sat. Sep 25th, 2021


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The Right To Enter Into Agreements Of One`s Choice

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Note: The Convention expressly provides protection to migrant workers and their family members, not only: when migrants actually work in the destination country, but “throughout the migration process of migrant workers and their family members, which includes preparation for migration, departure, transit and total length of stay and paid activity in the State of employment, as well as return to the country of origin or the usual state of residence” (Committee for the Protection of the Rights of All Migrant Workers and General Score No. 1 on Domestic Workers (23 February 2011) Doc. CMW/C/GC/1, 1, cites the International Convention for the Protection of the Rights of All Migrant Workers and Their Family Members (adopted on 18 December 1990 , which came into force on 1 July 2003) 2220 UNTS 3, art. 1). The International Convention for the Protection of the Rights of All Migrant Workers and Their Family Members applies to those who meet the definition of paragraph 1 of Article 2, from which the following groups are excluded: b) any information held by another person and necessary for the exercise or protection of rights. g. the right not to be compelled to witness against oneself or to plead guilty; And note: Article 3, paragraph 1, of the Convention on the Rights of the Child is defined “in all acts concerning children, whether carried out by public or private welfare bodies, by courts, administrative authorities or legislative bodies, the best interests of the child are taken into account in the first place.” (Effective November 20, 1989, September 2, 1990) 1577 UNTS 3). Determining the best interest is to take into account the well-being of the child, determined by a large number of individual circumstances such as age, maturity of the child, presence or absence of parents, the environment and the experience of the child (UNHCR, UNHCR Guidelines for determining the best interests of the child (2008) p. 15).

Note: Under human rights, the right to free movement does not imply the right to enter and remain in a state that is not the person`s own country, unless the state is required to accept the person under international law (for example. B under the principle of non-refoulement). Article 12 of the International Covenant on Civil and Political Rights (which came into force on 16 December 1966) 999 UNTS 171) describes this right as follows: ” (1) Any person legally residing in the territory of a State has the right to move and reside in that territory; 2. Everyone is free to leave each country, including his own; 3. The aforementioned rights are not subject to restrictions, except those provided by law, necessary for the protection of national security, public order, public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in this covenant. (4) No one may be arbitrarily deprived of the right of entry into his own country.” As paragraph 27 of the Committee on Human Rights states: “The text of Article 12, paragraph 4, does not distinguish between nationals and foreigners (hereafter: no one). Therefore, persons entitled to exercise this right can only be identified by interpreting the meaning of the term “his own country.” The scope of “his own country” is broader than that of “country of his nationality.” It is not limited to nationality in the formal sense of the term, i.e. to both or to nationality acquired by transfer; it includes at least one person who cannot be considered a mere foreigner because of his or her particular ties to a particular country or his rights to a particular country. […] Moreover, the language of Article 12, paragraph 4, allows for a broader interpretation that could encompass other categories of long-term residents, including, but not limited to, stateless persons who are arbitrarily stripped of the right to acquire the nationality of the country of residence.


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