Introduction

The ICRMW forms part of the charter of human rights for migrants, together with the two ILO conventions on migrant workers. ILO Convention No. 97 covers the whole labour migration continuum from entry to return: conditions of recruitment and equal treatment regarding working conditions, trade unions, collective bargaining, accommodation, social security, employment taxes and legal proceedings. ILO Convention No. 143 is broader, as it deals with irregular migration and with the obligation of states to respect the fundamental rights of migrant workers. The ICRMW has a wider mandate: it clarifies that basic economic, social and cultural rights belong to all migrants (regular and irregular, workers and their family members), although some migrants have more limited rights. The ICRMW reaffirms human rights guaranteed by other general international instruments of human rights but applies them specifically to migrants. Of these three instruments, France has only ratified ILO Convention No. 97.

The ICRMW has two main aims: to eradicate clandestine movements by promoting international cooperation and to ensure equal treatment for migrant workers and their families. It codifies a wide range of rights applicable universally and contains a framework for their effective enjoyment, including the prohibition of any renunciation of these rights. Its approach is based on equal treatment rather than minimal standards. In a regular or irregular situation, all migrants are entitled to a minimum degree of protection, although regular migrants have broader rights.