PART VIII
: GENERAL PROVISIONS
Article
79
Nothing in
the present Convention shall affect the right of each State Party to
establish the criteria governing admission of migrant workers and
members of their families. Concerning other matters related to their
legal situation and treatment as migrant workers and members of their
families, States Parties shall be subject to the limitations set forth
in the present Convention.
Article
80
Nothing in
the present Convention shall be interpreted as impairing the provisions
of the Charter of the United Nations and of the constitutions of the
specialized agencies which define the respective responsibilities of the
various organs of the United Nations and of the specialized agencies in
regard to the matters dealt with in the present Convention.
Article
81
1. Nothing
in the present Convention shall affect more favourable rights or
freedoms granted to migrant workers and members of their families by
virtue of:
(a) The
law or practice of a State Party; or (b) Any
bilateral or multilateral treaty in force for the State Party
concerned.
2. Nothing
in the present Convention may be interpreted as implying for any State,
group or person any right to engage in any activity or perform any act
that would impair any of the rights and freedoms as set forth in the
present Convention.
Article
82
The rights
of migrant workers and members of their families provided for in the
present Convention may not be renounced. It shall not be permissible to
exert any form of pressure upon migrant workers and members of their
families with a view to their relinquishing or foregoing any of the said
rights. It shall not be possible to derogate by contract from rights
recognized in the present Convention. States Parties shall take
appropriate measures to ensure that these principles are
respected.
Article
83
Each State
Party to the present Convention undertakes:
(a) To
ensure that any person whose rights or freedoms as herein recognized
are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official
capacity; (b) To ensure that any persons seeking such a remedy shall
have his or her claim reviewed and decided by competent judicial,
administrative or legislative authorities, or by any other competent
authority provided for by the legal system of the State, and to
develop the possibilities of judicial remedy; (c) To ensure
that the competent authorities shall enforce such remedies when
granted. Article 84 Each State Party undertakes to adopt the
legislative and other measures that are necessary to implement the
provisions of the present Convention.
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