Migrant workers and discrimination: realities, threats, and remedies

Abstract

Migrant workers perform essential work but often have to do so in substandard or even abusive conditions. Women make up nearly half the migrant workforce and are exposed to extra dangers to their health and safety. The COVID-19 pandemic and other events have heightened the visibility of their situation. The rights-based approach, developed over a period of more than 60 years, offers coherent solutions to the whole range of issues pertaining to the employment of international migrant workers. It covers recruitment, admission, employment, unemployment, training, occupational safety, health care, social security, organisation, housing, family, and others, that by minimising the differences in treatment and opportunities between migrant and national workers protect not only migrant but also national workers and minimise social and economic divisions and the risk of political divisions inherent in them. Using examples, the article outlines the risk of discriminatory treatment not only by individuals but by law and administrative practice for migrant workers and the need to control the risk, not least for the benefit of national workers. It describes the many ways and situations in which migrant workers have been found to suffer discrimination. It takes a close look at the definition of discrimination in the international Conventions adopted in response. Among their implications it highlights the issue of indirect discrimination and touches on the issue of positive discrimination. Some reasons given by states for keeping migrant workers in situations prone to discrimination are mentioned.