CGMP Ethical Practices & Human Rights in Migration 3 — Questions and Answers
Question 1: Which of the following is a hallmark of 'informed consent' in migration counseling?
- Client understands risks, alternatives, and consequences before agreeing (Correct answer)
- Client signs a retainer agreement before any discussion occurs
- Consultant provides a summary of outcomes after the decision is made
- Client is told which option to choose based on the professional's preference
Correct answer: Client understands risks, alternatives, and consequences before agreeing
Informed consent requires that clients receive complete, comprehensible information about risks, options, and consequences prior to making any decision.
Question 2: The ILO Multilateral Framework on Labour Migration emphasizes which core principle regarding migrant workers?
- Equal treatment with nationals in terms of working conditions and rights (Correct answer)
- Priority employment rights for citizens over migrants in all sectors
- Mandatory language testing before granting labor rights
- Restriction of collective bargaining rights to permanent residents
Correct answer: Equal treatment with nationals in terms of working conditions and rights
The ILO framework promotes the principle of equal treatment, ensuring migrant workers enjoy the same labor protections as nationals.
Question 3: In the context of migration ethics, 'conflict of interest' most commonly arises when:
- A professional represents both an employer and a foreign worker in the same matter (Correct answer)
- A professional handles cases from multiple nationalities simultaneously
- A client requests services outside the professional's usual practice area
- A professional charges fees above the market average
Correct answer: A professional represents both an employer and a foreign worker in the same matter
Representing parties with opposing interests in the same matter is the classic conflict of interest that undermines independent professional judgment.
Question 4: Under international human rights law, detention of migrants for immigration purposes must be:
- Used only as a last resort and subject to regular judicial review (Correct answer)
- Permitted for up to one year without review pending status determination
- Mandatory for all migrants lacking valid documents upon entry
- Authorized solely by executive order without judicial oversight
Correct answer: Used only as a last resort and subject to regular judicial review
International standards require that immigration detention be a last resort, time-limited, and subject to independent judicial oversight.
Question 5: A migration professional working in the US is required to disclose which of the following under professional conduct rules?
- Any direct supervisory relationship with a non-attorney representative (Correct answer)
- The nationality of every client in annual filings
- All client communications to regulatory bodies upon request
- Immigration court schedules to clients within 24 hours
Correct answer: Any direct supervisory relationship with a non-attorney representative
Supervisory relationships with non-attorney representatives must be disclosed and managed to ensure client protection under professional conduct rules.
Question 6: The Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons) defines trafficking as requiring which element?
- Means such as coercion, deception, or abuse of power used for exploitation (Correct answer)
- Cross-border movement of the victim by a criminal organization
- Payment of money or other benefit to a person in control of the victim
- Physical violence against the victim during transport
Correct answer: Means such as coercion, deception, or abuse of power used for exploitation
The Palermo Protocol defines trafficking through the elements of act, means (coercion/deception/abuse of power), and purpose (exploitation).
Question 7: Which ethical duty requires a migration professional to keep client information confidential even after the professional relationship ends?
- Duty of confidentiality (Correct answer)
- Duty of loyalty
- Duty of competence
- Duty of candor
Correct answer: Duty of confidentiality
The duty of confidentiality survives the termination of the professional-client relationship and is among the most enduring professional obligations.
CGMP Ethical Practices & Human Rights in Migration 3
Which of the following is a hallmark of 'informed consent' in migration counseling?