Incumbency of Labour Rights vis-à-vis Human Rights Protection of Labourers

Abstract

Migration is an essential test of utmost importance for the progressive debate and of equitable and effective governance, demanding harmonized action not only among states but at all levels of government in today’s human rights regime. This paper analyses the distinct importance of human rights protection with respect to different approaches in International Labour Organisation (ILO) and other UN instruments that are vital in order to vitiate & analyse the wrongdoers against the labourer-migrant sector. It differentiates between various principles and amendments which surround the labour law in its true sense from its roots in the International Law and subsequent relevant laws thereof. The vital essence of this paper is to establish a parallel approach from theoretical as well as a practical based analysed report stating various nuances of Labour Law, subsequent organisations, its role and responsibilities, various innovations through development and its effects. The purpose of this paper is to contemplate the background of different organisations with respect to Labour Laws, the role of such organisations in today’s scenario and how vastly it impacts the human rights pertaining to labourers. Further, it undertakes detailed comprehensive analysis of rights and conventions associated with migrants along with collective bargaining and right to form association as widely recognised human rights instrument in international jurisprudence. Lastly, the paper seeks to discuss the scenario of labourers in India as well as abroad through sui generis approaches in the labour market and the recourse regime for better implementation of various executive theories and legislatives intent as laid down by various treaties, laws, act, rules and codes of conduct and the jurisprudential essence.