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Parliamentary questions
5 March 2004
Answer given by Mr Vitorino on behalf of the Commission

The Member States are [probably] better placed than the Commission to explain their reasons for not ratifying the United Nations International Convention on the protection of the rights of all migrant workers and members of their families.

Nevertheless, one of the main obstacles to ratification seems to be that the Convention recognises rights in respect of all migrant workers regardless of whether they are in the host country legally or illegally.

Furthermore, it seems that many of the rights listed in the Convention are also guaranteed at EU level for citizens and third-country nationals alike in other instruments (Charter of Fundamental Rights of the European Union, European Convention on Human Rights). However, the wide range of provisions guaranteeing the same rights leads to varying interpretations which could prove damaging to legal certainty for individuals.

Because of the complexity of the provisions of this Convention, the Commission intends to launch a study on the points in common with - and those on which it differs from - common immigration policy as it has developed at EU level since the entry into force of the Treaty of Amsterdam.

Last updated: 2 June 2004Legal notice