| Abstract: | ![]()
This article examines the general status in international law of certain fundamental human rights to determine the minimum "no derogation" standards, and then surveys a number of formal agreements between stages governing migration matters, while examining some of the standard-setting work undertaken by the International Labor Organization (ILO) and other institutions. Article 13 of the Universal Declaration of Human Rights, proclaims the right of everyone to leave any country, including his or her own. The anti-discrimination provision is widely drawn and includes national or social origin, birth, or other status. Non-discrimination is frequently the core issue in migration matters; it offers the basis for a principles approach to questions involving non-nationals and their methodological analysis, as well as a standard for the progressive elaboration of institutions and practices. As a general rule, ILO conventions give particular importance to the principle of choice of methods by states for the implementation of standards, as well as to the principle of progressive implementation. Non-discrimination implies equality of opportunity in the work field, inremuneration, job opportunity, trade union rights and benefits, social security, taxation, medical treatment, and accommodation; basic legal guarantees are also matters of concern to migrant workers, including termination of employment, non-renewal of work permits, and expulsion. The generality of human rights is due not because the individual is or is not a member of a partucular group, and claims to such rights are not determinable according to membership, but according to the character of the right in question. The individualized aspect of fundamental human rights requires a case-by-case consideration of claims, and the recognition that to all persons now certain special duties are owed. |
