When the Victim is a New Immigrant Or a Person with Precarious Status PDF Download

Author: Émilie Chevrier
Publisher:
ISBN: 9782922975123
Category :
Languages : en
Pages : 230

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Author: Anastasia Tataryn
Publisher: Routledge
ISBN: 1351791729
Category : Law
Languages : en
Pages : 244

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Book Description
Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.

Author: Helen Carr
Publisher: Bloomsbury Publishing
ISBN: 1509914587
Category : Law
Languages : en
Pages : 432

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This book explores the emergent and internationally widespread phenomenon of precariousness, specifically in relation to the home. It maps the complex reality of the insecure home by examining the many ways in which precariousness is manifested in legal and social change across a number of otherwise very different jurisdictions. By applying innovative work done by socio-legal scholars in other fields such as labour law and welfare law to the home, Law and the Precarious Home offers a broader theoretical understanding of contemporary 'precarisation' of law and society. It will enable reflections upon differential experience of home dependent upon class, race and gender from a range of local, national and cross-national perspectives. Finally it will explore the pluralisation of ideas of home in subjective experience, social reality and legal form. The answers offered in this book reflect the expertise and standing of the assembled authors who are international leaders in their field, with decades of first-hand practical and intellectual engagement with the area.

Author: Laurie Berg
Publisher: Routledge
ISBN: 1317617819
Category : Law
Languages : en
Pages : 342

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Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

Author: M. Geiger
Publisher: Springer
ISBN: 1137263075
Category : Political Science
Languages : en
Pages : 386

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This volume scrutinizes new developments in contemporary mobility and migration politics and shows that they are based on a mix of traditional coercive interventions and less repressive and indirect practices.

Author: Yoon Jin Shin
Publisher: BRILL
ISBN: 9004311149
Category : Law
Languages : en
Pages : 327

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In A Transnational Human Rights Approach to Human Trafficking: Empowering the Powerless, Yoon Jin Shin proposes an innovative approach to empower individuals victimized by human trafficking, one of the most serious human rights challenges in today’s world of globalization and migration. Based on thorough empirical research and extensive comparative studies, Shin illuminates complex realities of migrant individuals experiencing trafficking situations and the problems of the current anti-trafficking regime driven by destination countries’ self-interest in crime and border control. Shin suggests an alternative transnational human rights framework, in which victimized migrants, who have been treated as passive targets of victim-witness protection or immigration regulation, finally attain their true voices as empowered rights-holders and effectively exercise their human, civil, and labor rights. Shin received the 2014-2015 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her doctoral dissertation on which this book is based.

Author: Harsha Walia
Publisher: AK Press
ISBN: 184935135X
Category : Political Science
Languages : en
Pages : 178

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“Harsha Walia has played a central role in building some of North America’s most innovative, diverse, and effective new movements. That this brilliant organizer and theorist has found time to share her wisdom in this book is a tremendous gift to us all.”—Naomi Klein, author of The Shock Doctrine Undoing Border Imperialism combines academic discourse, lived experiences of displacement, and movement-based practices into an exciting new book. By reformulating immigrant rights movements within a transnational analysis of capitalism, labor exploitation, settler colonialism, state building, and racialized empire, it provides the alternative conceptual frameworks of border imperialism and decolonization. Drawing on the author’s experiences in No One Is Illegal, this work offers relevant insights for all social movement organizers on effective strategies to overcome the barriers and borders within movements in order to cultivate fierce, loving, and sustainable communities of resistance striving toward liberation. The author grounds the book in collective vision, with short contributions from over twenty organizers and writers from across North America. Harsha Walia is a South Asian activist, writer, and popular educator rooted in emancipatory movements and communities for over a decade. Praise for Undoing Border Imperialism: “Border imperialism is an apt conceptualization for capturing the politics of massive displacement due to capitalist neoglobalization. Within the wealthy countries, Canada’s No One Is Illegal is one of the most effective organizations of migrants and allies. Walia is an outstanding organizer who has done a lot of thinking and can write—not a common combination. Besides being brilliantly conceived and presented, this book is the first extended work on immigration that refuses to make First Nations sovereignty invisible.”—Roxanne Dunbar Ortiz, author of Indians of the Americas and Blood on the Border “Harsha Walia’s Undoing Border Imperialism demonstrates that geography has certainly not ended, and nor has the urge for people to stretch out our arms across borders to create our communities. One of the most rewarding things about this book is its capaciousness—astute insights that emerge out of careful organizing linked to the voices of a generation of strugglers, trying to find their own analysis to build their own movements to make this world our own. This is both a manual and a memoir, a guide to the world and a guide to the organizer's heart.”—Vijay Prashad, author of The Darker Nations: A People’s History of the Third World “This book belongs in every wannabe revolutionary’s war backpack. I addictively jumped all over its contents: a radical mixtape of ancestral wisdoms to present-day grounded organizers theorizing about their own experiences. A must for me is Walia’s decision to infuse this volume’s fight against border imperialism, white supremacy, and empire with the vulnerability of her own personal narrative. This book is a breath of fresh air and offers an urgently needed movement-based praxis. Undoing Border Imperialism is too hot to be sitting on bookshelves; it will help make the revolution.”—Ashanti Alston, Black Panther elder and former political prisoner

Author: Dr. Cecilia Menjívar
Publisher: Oxford University Press
ISBN: 0190856912
Category : Social Science
Languages : en
Pages : 953

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The objective of The Oxford Handbook of Migration Crises is to deconstruct, question, and redefine through a critical lens what is commonly understood as "migration crises." The volume covers a wide range of historical, economic, social, political, and environmental conditions that generate migration crises around the globe. At the same time, it illuminates how the media and public officials play a major role in framing migratory flows as crises. The volume brings together an exceptional group of scholars from around the world to critically examine migration crises and to revisit the notion of crisis through the context in which permanent and non-permanent migration flows occur. The Oxford Handbook of Migration Crises offers an understanding of individuals in societies, socio-economic structures, and group processes. Focusing on migrants' departures and arrivals in all continents, this comprehensive handbook explores the social dynamics of migration crises, with an emphasis on factors that propel these flows as well as the actors that play a role in classifying them and in addressing them. The volume is organized into nine sections. The first section provides a historical overview of the link between migration and crises. The second looks at how migration crises are constructed, while the third section contextualizes the causes and effects of protracted conflicts in producing crises. The fourth focuses on the role of climate and the environment in generating migration crises, while the fifth section examines these migratory flows in migration corridors and transit countries. The sixth section looks at policy responses to migratory flows, The last three sections look at the role media and visual culture, gender, and immigrant incorporation play in migration crises.

Author: Philippa Southwell
Publisher: Bloomsbury Publishing
ISBN: 1526514796
Category : Law
Languages : en
Pages : 699

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Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence” "Rarely can the talent of so many practitioners be accessed in one convenient resource." Crimeline Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking Directive This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.

Author: Luin Goldring
Publisher: University of Toronto Press
ISBN: 1442614080
Category : Social Science
Languages : en
Pages : 401

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Most examinations of non-citizens in Canada focus on immigrants, people who are citizens-in-waiting, or specific categories of temporary, vulnerable workers. In contrast,Producing and Negotiating Non-Citizenship considers a range of people whose pathway to citizenship is uncertain or non-existent. This includes migrant workers, students, refugee claimants, and people with expired permits, all of whom have limited formal rights to employment, housing, education, and health services. The contributors to this volume present theoretically informed empirical studies of the regulatory, institutional, discursive, and practical terms under which precarious-status non-citizens – those without permanent residence – enter and remain in Canada. They consider the historical and contemporary production of non-citizen precarious status and migrant illegality in Canada, as well as everyday experiences of precarious status among various social groups including youth, denied refugee claimants, and agricultural workers. This timely volume contributes to conceptualizing multiple forms of precarious status non-citizenship as connected through policy and the practices of migrants and the institutional actors they encounter.