Inter-american program for the promotion and protection of the human rights of migrants, including migrant workers and their families




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APPENDIX II



INTERNATIONAL INSTRUMENTS AND OTHER REFERENCE DOCUMENTS
This list comprises conventions and treaties that establish international obligations for the states that have agreed to be party to them, and declarations and sets of rules and principles approved in international forums. The latter complement and introduce elements for the interpretation of international obligations.
Some OAS member states have not signed and ratified all the instruments listed below. The following list is an illustrative enumeration of international instruments and other reference documents.



    1. INTERNATIONAL INSTRUMENTS:


International Bill of Human Rights and General Human Rights Instruments
Universal Instruments


  • Universal Declaration of Human Rights, 1948

  • International Covenant on Civil and Political Rights, 1966

  • International Covenant on Economic, Social and Cultural Rights, 1966


Regional Instruments


  • American Declaration of the Rights and Duties of Man, 1948

  • American Convention on Human Rights, 1969

  • Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador,” 1988


Rights of Indigenous Peoples and Minorities


  • Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169)

  • Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, 1992


Prevention of Discrimination


  • Equal Remuneration Convention, 1951 (No. 100)

  • Discrimination (Employment and Occupation) Convention, 1958 (111)

  • Convention against Discrimination in Education, 1960

  • International Convention on the Elimination of All Forms of Racial Discrimination, 1965

  • Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, 1981


Rights of Women
Universal Instruments


  • Convention on the Elimination of All Forms of Discrimination against Women, 1979

  • Declaration on the Elimination of Violence Against Women, 1993


Regional Instrument


  • Inter-American Convention on the Prevention, Punishment. and Eradication of Violence against Women, “Convention of Belém do Pará,” 1994


Rights of the Child


  • Minimum Age Convention, 1973 (No. 138)

  • Convention on the Rights of the Child, 1989

  • Worst Forms of Child Labour Convention, 1999 (No. 182)

  • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000


Rights of Older Persons


  • United Nations Principles for Older Persons, 1991


Rights of Persons with Disabilities
Universal Instruments



Regional Instrument


  • Inter-American Convention on the Elimination of All Forms of Discrimination against Person with Disabilities, 1999


Human Rights and the Administration of Justice: Protection of Persons Subjected to Detention or Imprisonment
Universal Instruments


  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

  • Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, 1988

  • United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990


Regional Instruments



Freedom of Association


  • Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

  • Right to Organise and Collective Bargaining Convention, 1949 (No. 98)


Slavery, Servitude, Forced Labour and Similar Institutions and Practices


  • Forced Labour Convention, 1930 (No. 29)

  • Abolition of Forced Labour Convention, 1957 (No. 105)


Rights of Migrants


  • Migration for Employment Convention (Revised), 1949 (No. 97)

  • International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 1990

  • Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 2000


Nationality, Statelessness, Asylum, and Refugees
Universal Instruments


  • Convention relating to the Status of Refugees, 1951

  • Convention relating to the Status of Stateless Persons, 1954

  • Convention on Diplomatic Asylum, 1954

  • Convention on Territorial Asylum, 1954

  • Protocol relating to the Status of Refugees, 1967

Declaration on the Human Rights of Individuals who are not Nationals of the Country in which They Live, 1985
Regional Instrument


  • Cartagena Declaration on Refugees, 1984


Trafficking in Persons


  • Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949

  • Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000


Consular Relations


  • Vienna Convention on Consular Relations, 1963



    1. OTHER REFERENCE DOCUMENTS:

Other reference documents include the judgments of the Inter-American Court of Human Rights, which are applicable only to those states which have accepted the Court’s jurisdiction, as well as the advisory opinions of the Court and the recommendations and reports of the Inter-American Commission on Human Rights.




  • Inter-American Court of Human Rights: The Right to Information on Consular Assistance in the Framework of the Guarantees of the due Process of Law, Advisory Opinion OC-16/99 of October 1, 1999, Series A No. 16




  • Inter-American Court of Human Rights: Juridical Condition and Rights of the Undocumented Migrants, Advisory Opinion OC-18/03 of September 17, 2003, Series A No. 18



11. IMILA. International Migration in Latin America. Bulletin No. 65. January 2000. ECLAC/CELADE website: www.wclac.cl/celade.

2. Temporary residents include, among others, students and retirees.

3. In accordance with national regulations.
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