Migrants are entitled to most of the safeguards offered by United Nations human rights law. Refugees have the right to seek asylum under the 1951 Convention Relating to the Status of Refugees. All migrants within the territory of signatory states would be entitled to the rights under the UN Covenants: the International Covenant on Civil and Political Rights, (1966) (ICCPR) and the International Covenant on Economic, Social and Cultural Rights, (1966) (ICESCR) except those limited by nationality or connection to a country, for example Article 12(4) ICCPR.

The ICCPR would ensure civil and political rights including: the right to life; the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment; the right to liberty and security of person. This instrument provides the right to liberty of movement and freedom to choose ones residence for those lawfully within the territory of a State. It also provides that migrants lawfully within the territory of a State may be expelled only in pursuance of a decision reached in accordance with law, and that unless compelling reasons of national security apply they should be allowed to submit the reasons against their expulsion and to have a case reviewed. The ICCPR protects a number of other fundamental human rights including: the right to equality before the courts and tribunals; protection from arbitrary or unlawful interference with the right to privacy; the right to freedom of thought, conscience and religion, the right to protection of the family and the right to freedom of association.

The ICESCR protects economic social and cultural rights; States Parties are required to take steps towards the progressive realisation of these rights and benefits. The Covenant includes the right to work, and further protection in the employment sphere. States must recognise various rights including: the right of everyone to social security, including social insurance; the widest possible protection and assistance to the family; the right to everyone to an adequate standard of living, including adequate food, clothing and housing, and to continuous improvement of living conditions; the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the right of everyone to education.

The UN's Economic and Social Council Commission on Population and Development in Its 32nd Session reported on the deliberations that took place during a Symposium on International Migration and Development in the Netherlands between June and July 1998. Particular attention was given to the economic integration, social mobility, educational opportunities, and cultural identity of resident migrants and their families. It concluded that a comprehensive long-term strategy was necessary to prevent the marginalisation of migrants and to ensure the socio-economic integration of foreign residents with regard to the labour market and access to educational opportunities. There was also some emphasis placed on the differentiation between formal rights and the actual treatment of migrants; a crucial point, as unfortunately a number of the rights outlined in the preceding paragraphs, although applicable to migrants, may in a wide number of instances not be adequately protected.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.