The Rights and Obligations of Migrants in Receiving Countries Preservation of the fundamental Human Rights of Undocumented Migrants
| Date | 01 April 1983 |
| Published date | 01 April 1983 |
| DOI | http://doi.org/10.1111/j.1468-2435.1983.tb00432.x |
The Rights and Obligations
of Migrants
in
Receiving Countries
Preservation
of the fundamental Human Rights
of Undocumented Migrants
CONCLUSIONS
1.
The following conclusions apply to any migrant in an irregular situation, i.e., any
individual whose presence and/or work in a foreign nation is not authorized by the
laws of that State.
2.
Notwithstanding
his
irregular status, any migrant is entitled to the enjoyment of
fundamental human rights, as well as rights arising from past employment. The views
of participants regarding the definition and scope of ‘fundamental human rights’
applicable to migrants in
an
irregular situation diverged. This matter requires further
articulation.
3.
The preservation of the fundamental human rights of migrants in an irregular
situation does not imply regularization of their status and does not relieve them from
the obligation to abide by the laws of the country.
4.
In
case of expulsion of migrants
in
an irregular situation, such expulsion shall
occur in a way that preserves their dignity and shall not infringe upon their funda-
mental human rights.
5.
While recognition of the fundamental human rights of migrants in an irregular
situation is desirable
in
itself, it
will
not resolve by itself the problem of undocu-
mented migration.
RECOMMENDATIONS
1.
Steps should be taken, both at a national and
an
international level, to ensure that
migrants in an irregular situation enjoy their fundamental human rights. This, however,
should not imply a
de
fact0
recognition of the legality
of
their status.
2.
Any migrant subject to expulsion by the laws of a State shall have his fundamental
rights as well as rights arising from past employment respected and any process of
expulsion
shall
be carried out
in
a humane way that preserves
his
dignity and
shall
not
infringe upon his rights. Every person subject
to
expulsion will be allowed a reasonable
period of time for repatriation
or
resettlement in a third country.
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