Rights Of Migrant Workers Research Articles

Out-of-Pocket Health Expenditure Among Migrant Workers in India: A Narrative Review.

Migrant workers make significant contributions to host regions and economies in many nations, frequently working in vulnerable situations in crucial sectors like agricultural and food processing, transportation, health care, and construction sectors. India has one of the world's highest out-of-pocket spending rates, with a cost making up about 62.6% of total health expenses. Migrant workers face healthcare financing burdens due to medical expenses resulting in large out-of-pocket payments. This narrative review aims to gain insight into why migrant workers face out-of-pocket expenditures on health and explore the inclusion of migrant workers in the existing healthcare system in India. For the literature search, databases like PubMed and Google Scholar were used to find relevant articles. This review will be helpful from the public health perspective in illustrating the need for studies and research on the health rights of migrant workers, their healthcare finances, and the social protection of such vulnerable populations who are poor and marginalized. Due to various health disparities, migrant workers may incur unforeseen out-of-pocket costs for the household healthcare system. Health insurance enhances the likelihood of accessing healthcare and minimizes out-of-pocket expenses on inpatient services. Patients' visits to primary healthcare facilities are not increased by health insurance; hospitals remain the primary healthcare provider. Most interstate migrant workers remain unprotected and burdened by the cost of healthcare due to OOP payments in case of medical emergencies. The legal status is a crucial predictor of migrants' access to affordable and adequate health care in a country.

INTERNATIONAL LAW REVIEW ON THE EXPLOITATION AND NEGLECT OF INDONESIAN WORKERS IN MALAYSIA

With the increasing number of Indonesian workers in Malaysia, theproblems related to the supervision and protection of workers inare also more and greater in accordance to the international legalnorm. Malaysia has identified to commit human rights violations ingeneral and labor rights, in particular exploitation and neglect ofworkers, which contradicts the Memorandum of Understanding(MoU) between Indonesia and Malaysia along with the InternationalLabor Organization (ILO) Conventions. In the case of a worker withthe initial YT(60), his employer was identified as not providingwages for 7.5 years and it was faund in 2022. The research usednormative legal methods. The source and data used in this study aresecondary sources in the form of legal materials. The result showedthat the applicable MoU between the two countries is adequate, yetMalaysia was identified to violate some provisions in the MoU itself.Therefore, there is an urgency for the two countries to reinforcelaws regarding such issues, including a more detailed agreementregarding the placement and all rights of migrant workers regulatedby the national law of the receiving country, namely Malaysia

Movie Minorities: Transnational Rights Advocacy and South Korean Cinema

Movie Minorities: Transnational Rights Advocacy and South Korean Cinema

The Impact of COVID-19 on Challenges and Protection Practices of Migrant Workers' Rights

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Indonesia has agreed to the ASEAN Consensus on the Promotion and Protection of the Rights of Migrant Workers. However, many cases have proved the vulnerability of the legal protection for Indonesian migrant workers in Malaysia. In other words, the consensus has not protected the workers. Therefore, this research was conducted to analyze considerations for the regulations designed to protect post-consensus migrant workers. The objective comprised three aspects: analysis of the legislation after consensus, the draft policy that realizes the consensus, and the enforcement based on the draft formulated to safeguard the rights of migrant workers—a normative juridical method used in this research. The results showed that the consensus is a soft law that does not have a binding effect and sanction, causing it vulnerable to a violation, especially among undocumented migrant workers. Therefore, the research recommends bureaucracy reform to reduce the administrative costs for the migrant workers, allowing them to have better legal protection.</p></td></tr></tbody></table></div>

Indonesian Government Diplomacy on Protecting Indonesian Migrant Workers in Papua New Guinea During COVID-19 Pandemic

COVID-19 Pandemic that started from the end of 2019 and developed in 2020 has changed international world order. That changed felt by all countries in the world, including Indonesia. The rapid raising of casualties made the government taking a lockdown policy. It was meant to protect their citizens and prevent a more massive spreading. That protection is not only applied for the citizens in the country but also for the citizens living abroad like Indonesian migrant workers. One particular case that became the focus of this research is the migrant workers who works in Papua New Guinea (PNG). Human right is a main instrument in protecting the citizens. That is the importance of government in this case. This research aims to analyze Indonesian diplomacy strategies in protecting the rights of migrant workers who works in PNG during the Pandemic with humanity aspect as its main concern. Method that is used in this research is a descriptive qualitative using primary and secondary data through interviews and literature study from relevant and validated sources. The result of this research shows that Indonesian Government is taking the model of protection diplomacy in protecting Indonesian migrant workers in PNG.

Self-employment and health inequality of migrant workers

BackgroundSelf-employment is one of the most common forms of employment for migrant workers in China. However, migrant workers’ lifestyle and behavior, as well as health disparities among them, would be impacted by self-employment. This research aims to explore the mechanism and group differences of the effect of self-employment on health inequality among Chinese migrant workers.Materials and methodsTo explore the effect of self-employment on health inequalities among migrant workers, this research uses the data from the 2018 China Migrant Workers Dynamic Monitoring Survey, and the RIF-I-OLS decomposition method.ResultsWe find that self-employment will reduce the health inequality of Chinese migrant workers significantly, especially among migrant workers with low education, low income, and low social integration. A further examination reveals that self-employment can directly promote the self-rated health of migrant workers. Additionally, it indirectly alleviates the health inequality among migrant workers by mediating effect of expanding access to public welfare, such as by establishing health records and strengthening health education.ConclusionThe government should permit and encourage migrant workers to engage in self-employment. It is necessary to provide public services such as health education, health records, and health rights for migrant workers, and focus on the employment of migrant workers in city, especially those with low income and low education. we believe that measures should be taken to enhance migrant workers’ sense of belonging in urban China Only on this basis can health inequality among migrant workers be truly reduced.

Ratification of ICRMW toward the ILO Conventions amid COVID-19 in Thailand

Globalization has opened the avenues for the world to come together and attain sustainable growth. Migrant workers are a lifeline for several countries' labour forces and productivity. However, in Thailand, the rights of these migrants are restricted due to the non-ratification of the International Convention on the Protection of the Rights of Migrant Workers and Family Members (ICRMW). This research explores and analyzes various factors essentially responsible for the ratification of ICRMW in Thailand. The methodology adopted is the mixed method. The collected data were analyzed based on a socio-legal approach, with qualitative and quantitative tools and techniques combined: the strength, weakness, opportunity, and threats (SWOT) technique was integrated into the analytic hierarchy process (AHP) (SWOT-AHP). The findings suggest that Thailand has not yet ratified the ICRMW conventions, including ILO C-87 and ILO C-98, thus depriving migrant workers of protection. They are not protected by national law and are not entitled to equal protection as nationals: for instance, foreign workers are forbidden from migrating to the established labour unions and enjoying medical benefits and salaries. All these must be consistent with the conventions, particularly the Labor Protection Act, B.E. 2541 (1998) and the Labor Relations Act B.E. 2518 (1998). The novelty of this research is the analysis of the domestic and international laws in the Thai context, which depicts the need for ratification of ICRMW to protect migrant workers and their families. The findings can pave the way for similar future research in other ASEAN member countries. Doi: 10.28991/esj-2022-SPER-014 Full Text: PDF

International Protection of Migrant Workers Rights and Migration Legislation

In the context of deepening international integration in the Eurasian space, the study of the legal protection of migrant workers is fundamental issue for both ensuring socio-economic fairness and gradual transformation of the state sovereignty into the institutional basis of supranational constitutionalism, which guarantees the protection of fundamental human rights and freedoms.Aim. Improving the legal regulation of labor migration at the international, supranational and state levels through the harmonization of migration legislation in the Eurasian region.Tasks. Identification of conflicts and inaccuracies in the legal regulation of labor migration, as well as the development of recommendations for implementation of international agreements on the organized recruitment of workers between the receiving countries and countries of origin of migrants.Methods. A comparative legal analysis of international, supranational and state migration law in the process of research is supplemented by a discursive analysis of scientific literature on labor migration issues.Results. Protecting the socio-economic rights of migrant workers is the main task of host states, where migrants can become ether a criminogenic factor or a constructive social element. It is rational to organize national regulation of labor migration in integration associations of states, such as the EAEU, on the principles of national treatment for migrant workers. International agreements on the organized recruitment of workers between receiving countries and countries of origin of migrants should ensure the adaptation of migrants to the legal regime of the host country, the participation of migrants in the functioning of civil society institutions, and the monitoring of migration processes.Conclusion. Labor migration strengthens integration unions, creating strong social ties and developing civil society institutions within the boundaries of integration associations. Since state sovereignty is inextricably linked with the protection of the interests of fellow citizens, insofar as in the process of regulating labor migration, all states participating in regional integration are called upon not only to protect the rights of migrant workers, but also to provide all conditions for migrants to fulfill their obligations to civil society.

ASEAN’s Role in Protecting Migrant Workers’ Rights During the Covid-19 Pandemic

This paper focuses on ASEAN’s efforts as a regional organization to protect the rights of migrant workers in the Covid-19 pandemic situation. The protection of the rights of migrant workers is part of the protection of human rights regulated in various international legal instruments as well as within the ASEAN framework, especially in the ASEAN Consensus on the Promotion and Protection of the Rights of Migrant Workers (ACPPRMW). Although responding quickly to the impact of the Covid-19 pandemic on the economic and health sectors, ASEAN’s response and efforts in protecting the rights of migrant workers during the Covid-19 pandemic were late and ineffective. This is also an illustration of the ineffective implementation of the system and mechanism for the protection of migrant workers in ASEAN as well as the implementation of other ASEAN human rights legal instruments, due to the main principle that is firmly held by ASEAN, namely the non-interference principle.

Legal Guarantees and Legal Protection Practices on the Constitutional Rights of Indonesian Migrant Workers

The flow of Indonesian labour migration abroad is increasing day by day. This is due to unresolved domestic labour problems. The 2000 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is the most significant international human rights document addressing the human rights of migrant workers. The legal problem highlighted in this article is how constitutional rights of Indonesian Migrant Workers (PMI) are protected by legal assurances and practice. This is a normative legal research project that explains, investigates, and analyzes the legal protection of Indonesian migrant workers' rights overseas. The discussion results show that legal guarantees and legal protection practices for PMI's constitutional rights abroad are pretty good and are considered advanced because they use the migrant worker protection convention as the paramount consideration, although there are still inconsistencies in applying the rules.

The ILO World Employment Program research agenda on development and migration

The International Labour Organization (ILO) seeks to build consensus for a ‘fair migration agenda’ while linking development goals with the rights of migrant workers across national borders. Since the main drivers of international migration are employment-related, this is a topic of extreme concern for the readers of this special issue. Given the differences between nations and regions – between labor sending and labor receiving countries – promoting such an agenda is complicated, and ILO labor standards apply almost exclusively to workers crossing international borders. Nations aim to provide opportunities for their citizens, and international movement, in the words of an ILO specialist in migration from years ago, remains a second-best option compared to securing decent work at home. The challenge is how to nurture opportunities in countries that lack the resources and capital but have ample numbers looking for remunerative work. This article evaluates an historical example of attention to both development and migration in the 1970s and 1980s. Linking the dynamics of domestic migration, economic growth, and the structure of labor markets in poorer nations, I evaluate two important concepts that stemmed from research of this era: surplus labor and basic human needs. Through review of historical documents, including archival material and a multiplicity of reports, papers, and strategy guidelines, I seek to describe ILO projects and proposals meant to deal, simultaneously, with poverty, migration, and development.

Effect of the Promulgation of the New Migrant's Employment Law on Migrant Insurance Coverage in Thailand: An Interrupted Time Series Analysis, 2016-2018.

This study explores the effect of the recently enacted Foreigners’ Working Management Emergency Decree, 2017 on migrant insurance coverage between January 2016 and December 2018. We employed an interrupted time series (ITS) model to estimate the level and trend changes of the number of migrants enrolled in Social Health Insurance (SHI) for formal workers and the Health Insurance Card Scheme (HICS) for other migrants. Before the Decree’s implementation, SHI covered roughly a third of the total migrants holding work permits, while HICS covered over half of migrants in the country. We found that the new employment law contributed to a rise in the volume of SHI members and a decline in the HICS members in the long run, which might be partly due to a switch from the HICS members in the formal sector to the SHI, as originally intended by the law. In addition to the law effect, some coincided political force from international trade partners and supranational organizations might also contribute to the progress in protecting the rights of migrant workers. The long-term monitoring of migrant insurance coverage and a mapping against the changes in migrant-related laws and contexts are recommended.

Genesis of citizens' rights and security

This study reveals the problem of protecting the rights of migrant workers in the CIS countries. The authors conduct a comparative analysis of international law in the context of the protection of the rights of migrants. The study demonstrates the priority use of bilateral international cooperation agreements that provide the necessary level of protection of the rights of migrant workers. In comparison with bilateral agreements between countries, international cooperation within the framework of bilateral regulation allows for a higher level of protection of migrant workers and their social security. The article demonstrates that the international legal field basically contains generalizing norms and provisions on the status, rights and obligations of migrant workers. On the other hand, the bilateral agreement is being concretized and relevant regulatory legal acts are being implemented more successfully.

Indonesia's Promotion of UN Migrant Protection Norms in ASEAN

Scholars have devoted insufficient attention to Indonesia's foreign policy on migrant worker protection, especially as mobilized in multilateral institutions. This article addresses such knowledge gaps by analyzing why Indonesia has, for almost two decades, persistently promoted the United Nations Migrant Worker Convention in the Association of Southeast Asian Nations (ASEAN) despite constant pushback from migrant-receiving countries. It argues that Indonesia's persistence is driven by its locally constituted meaning of migrant worker rights. In particular, this article advances the critical norms approach in international relations to demonstrate that its interpretation is influenced by "Indonesia's normative baggage," or past experiences with labour migration that have too frequently dealt with the exploitation of Indonesian citizens abroad. This normative baggage in turn shapes the country's diplomacy and promotion of convention standards deemed appropriate for safeguarding Indonesian migrants in ASEAN. In presenting the argument, this article contributes to the study of labour migration by scrutinizing Indonesia's foreign policy on migrant protection and unpacking norm interpretation processes that are necessary in international negotiations.

I'm Keeping My Baby: Migrant Domestic Worker Rights at The Intersection of Labour and Immigration Laws

AbstractEmployment relations systems generally fail to enforce all legal rights of migrant workers. This article illustrates a broader approach to the way labour migration is regulated in practice, using the example of migrant domestic workers in Hong Kong. Political economists have shown that the reality of low-wage migration is either ‘more rights, less access’ or ‘fewer rights, greater access’ in terms of rights enforcement systems. Attention to the effectiveness of such mechanisms and processes reveals another feature of regulation: the divergence of theory from practice. Much scholarly attention has been paid to rights, and this analysis, in which enforcement of those rights is sought, contributes to the literature with a frequently-occurring example of how such regulatory practices effectively restrict migrant rights. The article concludes by arguing that regulation uses employers as a further ‘mechanism of control’ to determine the actual quantity and quality of migrant workers’ employment rights regardless of what is stipulated in the law.

Ensuring the Rights of Vietnamese Migrant Workers in the Context of the Covid - 19 Pandemic

Broke out since December of 2019, the COVID-19 pandemic has become a global challenge that seriously affected the development of various economies in the world, including Vietnam. According to the Ministry of labour, War Invalids and Social Affairs of Vietnam (MOLISA), more than 5,000 migrant workers have to return home and risk losing their jobs and income. In addition, the migrant workers who still stay abroad are also subject to myriad difficulties in their lives and health situation, underemployment and reduced income, discrimination, prejudice and xenophobia etc. To clarify the legal and practices issues regarding protecting the rights of Vietnamese migrant workers in the context of COVID-19, the article focuses on analyzing (i) the status of Vietnamese migrant workers and the impacts of the Covid-19 pandemic on this group; (ii) the regulations of Vietnam related to the rights of migrant workers; (iii) the policies have been adopted by the Vietnamese Government to protect the rights of Vietnamese migrant workers during the pandemic, and (iv) recommendations for implementation of policies and laws to ensure the rights of Vietnamese migrant workers in similar circumstances.
 Keywords: Human Rights, Migrant’s Rights, Covid-19 Pandemic, Vietnamese Migrant Worker, Labourer’s Rights.

ТРУДОВІ ПРАВА ГРОМАДЯН УКРАЇНИ ЗА КОРДОНОМ: ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ ТА ЗАХИСТУ

The article is devoted to the actual problems of legal support of labor migration of Ukrainian citizens abroad. The main domestic normative legal acts and international treaties, conventions ratified by Ukraine, which regulate the issues of labor migration, the issues of effective protection and realization of the rights of such citizens are identified. These normative acts were analyzed and it was concluded that the issues of employment of Ukrainian citizens abroad are solved not only in accordance with national legislation, but also with the legislation of the host country and international treaties. In addition, it was found that bilateral agreements between Ukraine and other states play a significant role in the implementation of such labor rights. The categories of labor migrants and the criteria for their division into separate groups are distinguished: there are four such categories. It is found that depending on the category of such citizens, the scope of their rights and powers is determined, as well as the level of protection of their rights and legitimate interests in case of their violation. The problem that is relevant for Ukrainian citizens in connection with the Russian- Ukrainian war is investigated: the issue of employment of Ukrainian refugees and persons who have received the status of persons in need of temporary protection. The article describes the mechanisms of realization of the basic rights of migrant workers: the right to proper working conditions, decent wages, rest and social protection. The problem of pensions and other social benefits of migrant workers is discussed, because the provision of such benefits is regulated differently in international agreements: in the agreements of Ukraine with the CIS countries the territorial principle is applied, and with European countries the principle of proportionality is taken as a basis. In addition, the issue of double taxation of citizens and ways to avoid it is disclosed.

РАЗВИТИЕ МЕЖДУНАРОДНО-ПРАВОВОГО РЕГУЛИРОВАНИЯ КЫРГЫЗСКО-РОССИЙСКИХ ОТНОШЕНИЙ В СФЕРЕ МИГРАЦИИ

The article considers the political, legal and organizational aspects of bilateral cooperation between Kyrgyzstan and Russia in the migration sphere, as well as analyzes the relevant contractual and legal framework, and concludes on the strategic importance of international legal migration policy in the economic and social spheres of international cooperation between Russia and Kyrgyzstan. The author notes that labor migration is one of the main ways to reduce pressure on the economy of the Kyrgyz Republic as well as to reduce the poverty and social tension level. Moreover, the Russian Federation remains to be the recipient state of labor from Kyrgyzstan throughout the postSoviet period resulting in positive interaction which is one of the strategically significant tasks of the Kyrgyz Republic in the migration field. Moreover, the establishment of the Eurasian Economic Union, including Kyrgyzstan, implies the development of a single Eurasian labor market, which means that it transfers the labor migration challenge from the level of bilateral RussianKyrgyz relations to the level of integration association and makes it the subject of joint attention of the member countries of the Eurasian Project. The author highlights that, despite the establishment of a rather impressive regulatory framework for the migration regulation within the framework of the Eurasian Economic Union, the issue of creating effective multilateral mechanisms and regimes for regulating the labor migration has not yet been resolved. Thus, the common efforts of Russia and Kyrgyzstan aimed at regulating the migration flows and ensuring the rights of migrant workers should be intensified both at the bilateral level and on the Eurasian Economic Union scale.

Uzbekistan’s Transformation with the New Uzbek Strategy: Shifting Policies towards Mediation of Labor Migration through Migration Infrastructure

Because of the post-independence economic problems in Central Asian countries, Russia became the center of immigration, but as time passed, immigration shifted to Kazakhstan and Turkey. Uzbekistan is the most populous Central Asian country and the one that benefits the most from worker remittances. The New Uzbek Strategy, announced after Mirziyoyev's election in 2016, is transforming economy and society of the country. This paper aims to examine migration infrastructure through the New Uzbek Strategy as the way of protecting citizens abroad. It is critical to protect the rights of migrant workers in the destination countries to keep them from facing marginalization, exclusion, and poverty. Migration infrastructure is made up of regulatory, commercial, technological, humanitarian, and social elements. In this framework, the new Ministry of Labor structure, bilateral agreements, labor market regulation, allowing private recruitment companies, railway projects, development of cooperation with international organizations, and migrant networks all indicate the development of migration infrastructure components. In addition to economic liberalization, good neighborhood relations and foreign policy are important to develop migration infrastructure and institutionalization of migration. As a result, it is expected that the migration infrastructure development will increase migration, diversify of the countries and be beneficial to economic growth and transformation the country. Although these studies are still in their early stages, it has been concluded that significant steps have been taken in the infrastructure development, and the safe and regular migration will increase migration to the new destination countries in the future .

Migrant Care’s Role in Advocating the Educational Needs of Migrant Workers’ Children

Education is a fundamental human need and a right of every citizen. Indonesia is one of the origin countries for many migrant workers. There is a complex problem with migrant workers, one of which is the education of migrant workers' children. Numerous civil society organizations, including Migrant Care, advocate for the rights of migrant workers. The purpose of this study is to examine Migrant Care's role in advocating for the educational needs of children of migrant workers and to analyze the factors that support and obstruct Migrant Care's ability to perform its function. The research method is qualitative-descriptive, with data being gathered via interviews and literature review. Data analysis begins with collecting data from various sources, which is then described and validated. This study makes use of role theory, interest groups, and systems theory. The findings of this research are Migrant Care's efforts to obtain official documents for migrant workers and to lobby the government for Community Learning Centers (CLC).