Migrants are entitled to the extensive protection from discrimination provided by a number of UN instruments. The 1951 Convention relating to the Status of Refugee prohibits discrimination against refugees in Article 3 on the grounds of race, colour or country of origin. The International Covenant on Civil and Political Rights, (1966) (ICCPR) includes two provisions on the prevention of discrimination. The first, Article 2(1) requires States to undertake to respect and ensure the rights included in the Covenant to all individuals without distinction of any kind such as race, colour, sex, language, religion, political opinion, national social origin, property, birth or other status. The second discrimination provision, Article 26, is a free-standing right to equality before the law and equal protection of the law. It requires States to prohibit any discrimination, and guarantee to all persons equal and effective protection against discrimination on any ground including race, colour, sex, language and religion. Although this Covenant is very widely signed and ratified, a number of States, for example the US and UK, have not signed and ratified its First Optional Protocol which would allow individuals to petition the Human Rights Committee in order to assert their rights. However all State parties are required to submit reports to the Human Rights Committee every five years detailing measures they have taken to give effect to the rights recognised by the Covenant.

The International Covenant on Economic Social and Cultural Rights, (1966), also includes a number of provisions which prohibit discrimination. Article 2 (2) states that the Covenant should apply without any discrimination on the same grounds as Article 2 of the ICCPR, and therefore includes race, colour and nationality, which may be most relevant for migrants. Article 2 (3) allows developing countries to have regard to human rights and their national economy, to determine to what extent they would guarantee the economic rights recognised in the Covenant to non-nationals. However, Article 4 requires that any restrictions imposed should be extraordinary and justified on the basis of the general welfare in a democratic society.

Two UN instruments exist which are aimed at specifically combating discrimination. The first is the International Convention on the Elimination of All Forms of Racial Discrimination, (1966). The Convention requires states to condemn racial discrimination and undertake to pursue policies of eliminating racial discrimination in all its forms. States Parties are required to undertake to prohibit and eliminate racial discrimination and to guarantee the rights of everyone to equality before the law and equality in the enjoyment of a number of civil rights, including: the right to equal treatment before the tribunals; the right to security of person; the right to freedom of thought, conscience and religion; the right to freedom of peaceful assembly and association. It also guarantees a number of economic, social and cultural rights including: the right to form and join trade unions, the right to housing; the right to public health, medical care, social security and social services; and the right to educational training. Particularly relevant to migrants would be equal treatment in the enjoyment of: the right to freedom movement and residence within the border of the State; the right to leave any country, including ones own, and return to ones country; and the right to nationality. States Parties are required to report on their fulfilment of their obligations under the Convention every two years to the Committee on the Elimination of Racial Discrimination established under the Convention or whenever they are requested to do so.

The second UN Convention on discrimination against a particular group is the Convention on the Elimination of All Forms of Discrimination against Women, (1979). Migrant women would be able to seek protection from discrimination under this Convention which requires States Parties to condemn discrimination against women in all its forms and to pursue by all appropriate means and without delay a policy of eliminating discrimination against women. States must embody the principle of equality in the national constitutions or other appropriate legislation, adopt appropriate legislative and other measures and establish legal protection of the rights of women. States must also take all appropriate measures to eliminate discrimination against women by any person, organisation or enterprise, and in the fields of education, employment and healthcare. A Committee on the Elimination of Discrimination against Women was established by the Convention, States Parties are required to report at least every four years or whenever the Committee requests on the implementation of their obligations under the Convention.

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