Everyone as a member of society has a right to social security. This right is looked out for in universal declarations made by the UN. Also, a number of ILO international labour standards have been adopted in the field of social security, which lay down social security rights for workers and their families and formulate concrete obligations for Member states. These international instruments also include provisions for migrant workers.

United Nations instruments

• The Universal Declaration of Human Rights, advances the universal right to social protection (article 22) as well as the importance of equality of treatment regardless of nationality (article 2).
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)

ILO social security instruments

• The Convention on Social Security (Minimum Standards), 1952 (No. 102)  sets global minimum standards for all nine branches of social security. Part XII of Convention No. 102 (article 68) is devoted to equality of treatment of non-national residents.
• Maintenance of Social Security Rights Convention 1982 (No.157) and its Recommendation, 1983 (No.167) which provide for the maintenance of migrant workers acquired social security rights or rights in course of acquisition.
• Equality of Treatment (Social Security) Convention, 1962 (No.118) to set forth the equality of treatment between national and non-national workers and their families.
• Social Protection Floors Recommendation, 2012 (No. 202) provides guidance on establishing social protection floors as a fundamental element of national social security systems. Social protection floors are nationally defined and should ensure as a minimum that, over the life cycle, all in need have access to health care and to basic income security. These guarantees should be provided to at least all residents and children, as defined in national laws and regulations. 

ILO migrant-specific instruments

•  Migration for Employment Convention, 1949 (No. 97) establishes the principle of equality of treatment in respect of social security (article 6).
• Migrant workers (supplementary provisions) Convention, 1975 (No. 143) addresses migrant workers in irregular situations and their rights to equality of treatment in respect of rights arising out of past employment with regards to remuneration, social security, and other benefits (article 9).
• Migration for Employment Recommendation (Revised), 1949 (No. 86)
• Migrant Workers Recommendation, 1975 (No. 151)

Other ILO instruments

• Also, the ILO Anti-Discrimination Convention No.111 in the Declaration of Fundamental Rights and Principles at Work furthers the idea that migrant workers should have equal access to social security, without differentiation between migrants and nationals.
• Equality Treatment (Accident Compensation) Convention, 1925 (No. 19) guarantees to nationals of any member state that has ratified the Convention, and who suffer personal injury due to work accidents, equality of treatment with national workers without any condition as to residence.
• ILO Plan of Action for Migrant Workers and its supplementing Multilateral Framework on Labour Migration can assist national governments and social security institutions of member states in acquiring the necessary knowledge and competences in order to improve or create social security agreements