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Author: Ryszard Cholewinski Publisher: Cambridge University Press ISBN: 1139482092 Category : Political Science Languages : en Pages : 499
Book Description
The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
Author: Ryszard Cholewinski Publisher: Cambridge University Press ISBN: 1139482092 Category : Political Science Languages : en Pages : 499
Book Description
The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
Author: Rasika Ramburuth Jayasuriya Publisher: Routledge ISBN: 100041874X Category : Business & Economics Languages : en Pages : 288
Book Description
This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Author: Ryszard Cholewinski Publisher: Oxford University Press on Demand ISBN: 9780198259923 Category : Business & Economics Languages : en Pages : 465
Author: Martin Ruhs Publisher: Princeton University Press ISBN: 0691166005 Category : Political Science Languages : en Pages : 268
Book Description
Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. The Price of Rights shows why you cannot always have both. Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries. The Price of Rights analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.
Author: Anne Fruma Bayefsky Publisher: BRILL ISBN: 9004144838 Category : Political Science Languages : en Pages : 630
Book Description
Examines the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts; due process issues from Europe, Canada and the United States, and the special needs of migrant workers.
Author: Sureyya Sonmez Efe Publisher: Transnational Press London ISBN: 1912997584 Category : Political Science Languages : en Pages : 306
Book Description
This insightful book discusses how policymakers define migrant workers’ status and rights at international and national levels. Assessing the evolution of the language of rights for migrant workers in international law; definition of migrant workers in Turkish legislation; key political and economic factors on Turkish migration policies; protection mechanisms that safeguard migrant workers’ rights, it critically examines the policymaking processes at international, regional and national levels and evaluates the impact of the ‘values’ such as universal or ethnocentric values, on the definitions of status and rights of migrant workers. The chapters evaluate the status and rights of migrant workers through the lens of cosmopolitan moral constructivism and examine the law making procedures and illustrate the dynamism of these processes with the inclusion of various conditions and actors. The book dissects the key universal and national values that impact on rights of migrant workers. This timely book challenges the rising right-wing ethnocentric policy approaches to (labour) migration to migrant workers’ rights, and problematises the existing legal definitions within migration policies that place the rights of migrant workers into a precarious policy sphere. By entering the controversial political debate for labour migration and the policy making realm, this book is ideal for scholars and researchers of political science, international relations and social policy, particularly those focusing on international (labour) migration and migration policies. It will further benefit the policymakers and practitioners working on migration, such as UN agencies, NGOs, civil societies and local authorities.
Author: Ruth Rubio-Marín Publisher: OUP Oxford ISBN: 0191004499 Category : Law Languages : en Pages : 336
Book Description
Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.
Author: David Weissbrodt Publisher: OUP Oxford ISBN: 0191563277 Category : Law Languages : en Pages : 300
Book Description
Non-citizens include asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons. This book argues that regardless of their citizenship status, non-citizens should, by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate State objective and are proportional to the achievement of that objective. Non-citizens should have freedom from arbitrary arrest, arbitrary killing, child labour, forced labour, inhuman treatment, invasions of privacy, refoulement, slavery, unfair trial, and violations of humanitarian law. Additionally, non-citizens should have the right to consular protection; equality; freedom of religion and belief; labour rights (for example, as to collective bargaining, workers' compensation, healthy and safe working conditions, etc.); the right to marry; peaceful association and assembly; protection as minors; social, cultural, and economic rights. There is a large gap, however, between the rights that international human rights law guarantee to non-citizens and the realities they face. In many countries, non-citizens are confronted with institutional and endemic discrimination and suffering. The situation has worsened since 11 September 2001, as several governments have detained or otherwise violated the rights of non-citizens in response to fears of terrorism. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens human rights.
Author: Ryszard Cholewinski
Author: Ryszard Cholewinski
Author: Pong-Sul Ahn
Author: Rasika Ramburuth Jayasuriya
Author: Ryszard Cholewinski
Author: Martin Ruhs
Author: Anne Fruma Bayefsky
Author: Reginald Thomas Appleyard
Author: Sureyya Sonmez Efe
Author: Ruth Rubio-Marín
Author: David Weissbrodt