ILO and International instruments that can be used to protect Migrants rights in the context of HIV/AIDS

This paper looks at ILO and other international instruments that can be used to protect the rights of migrants, especially in the context of HIV/AIDS in the following areas: equality of opportunity and treatment; protection of health; access to basic social security; and protection of family unity. The objective is not to do an exhaustive analysis of all standards and guidelines in this area, but to give a brief summary of what exists inside and outside the ILO. The emphasis is first put on ILO conventions and recommendations concerning migration for employment and on the ILO Code of Practice on HIV/AIDS and the World of Work. The second part deals with other international instruments. The UN Convention on the Protection of the Rights of All Migrants Workers and Members of their Families is given particular attention since it will soon enter into force and contains provisions particularly relevant in the above-mentioned areas. It should be highlighted that this UN convention and ILO main conventions on migration (No. 97 and No. 143) constitute a complementary body of law and that 68 States have adopted one or more of these instruments. Finally attention is paid to other international instruments that, while not being migrants or HIV-specific, can provide protection in this context.