Rights Of Migrants Research Articles

Migrant Rights Protections and Their Implementation in 45 Countries

To what extent do national governments protect the human rights of migrants, and what are the political and economic circumstances associated with more robust protection? To address these questions, we leverage a rigorous, novel database of migrant rights derived from international laws and standards. We evaluate the extent to which 64 indicators—divided into 17 different categories of migrant rights—appear in national statute and case law in 45 of the world's principal destination states. We find that 61% of the indicators of migrant rights in the Migrant Rights Database, derived from the international human rights baseline, are reflected in the letter of national law—nearly two out of every three. However, we also find that national authorities implement these de jure protections 71% of the time. Taken together, about 44% of migrant rights are both protected and implemented in the countries examined. In a correlational analysis, we find that governments tend to protect more rights when their countries are more democratic, maintain more independent judiciaries, protect more rights in their constitutions, ratify more human rights treaties, permit stronger civil society, and are characterized by more political stability. There is also a weak trade-off between de jure migrant rights protections and the number of migrants a country admits.

THE ROLE OF INTERNATIONAL ORGANIZATIONS IN PROTECTING THE RIGHTS OF INTERNATIONAL LABOR MIGRANTS

This paper reviews the role and importance of international organisations in protecting international labour migrants' rights. Millions of people are crossing borders to seek employment, and the protection of their rights is essentially related to their fair treatment, social security, and access to justice in a foreign country. Key organisations, such as the International Labour Organization and the United Nations, have developed conventions, policies, and frameworks that would guide labor migrants for workplace conditions, social protection, legal assistance, and family reunification. This article examines the shifting landscape of labor migrant rights using international conventions and organizational activities, along with the problems involved in creating and implementing such protection for them across the world. Current works to adapt international standards to the heterogeneous requirements of labor migrants and reviews future strategies that will enhance these protections at a global level, are also given due consideration.

Health workers’ perceptions on refugees’ access to healthcare and right to health in Turkiye

Abstract In Turkey, over the past decade, the influx of refugees has significantly influenced migration policy and consequently, health policy for refugees, shaping the perspectives of healthcare workers towards refugees. To gauge healthcare workers’ perceptions regarding refugees’ access to healthcare and their right to health, a survey was conducted across three hospitals in two cities (n = 547). The drop-collect methodology was used, obtaining consent in advance. Healthcare workers (HCWs) were classified into four groups: doctors (n: 139), nurses and midwives (n: 201), other healthcare professionals (n: 58) and non-healthcare professional (n: 137). Additionally, twelve people who did not want to disclose their profession were excluded from the statistics when comparing responses by profession. According to HCWs’ experiences, the most common obstacles faced by refugees included language barriers due to not knowing Turkish, the absence of interpreters in hospitals, cultural disparities, and financial constraints. Among HCWs, 89.8% (n = 491) believe that health constitutes a fundamental human right, yet only 55.8% (n = 305) advocate for free emergency services for all. Furthermore, 43.1% express concerns that providing healthcare to refugees might attract more refugees, and 38% suggest that only individuals deemed healthy through health screening upon entry should be permitted into the country. Responses to inquiries about the prevalent issues varied across cities and occupational groups. Despite the majority of HCWs adopting a right-based approach to health, it is evident that some lean towards a deservingness perspective regarding refugees’ access to healthcare. Consequently, there is a pressing need for collaboration among various sectors to furnish adequate information and training for HCWs on migrants’ rights and prejudice. This should be a part of migration policy, leading to a more migrant-friendly health system. Key messages • Collaboration among diverse sectors is urgently needed to provide healthcare workers with thorough information and training on the rights of migrants and addressing prejudice. • Implementing training programs for healthcare workers as a component of migration policy is essential for building a migrant-friendly healthcare system.

Strengthening the Human Rights Guarantee System in the Management of Migrant Policies in Brazil

Objective: This study aimed to conduct a bibliographic survey of scientific productions that deal with migration governance throughout the national territory. Theoretical Framework: Supported by the theoretical and methodological assumptions of dialectical historical materialism, this article is part of the results of a post-doctoral internship that discusses the strengthening and defense of the rights of migrants in Brazil. Method: As a procedure for collecting this data, a time frame of research from the last ten years (2014-2024) was used. For this purpose, a survey of scientific production in Brazilian postgraduate programs indexed in the BDTD (Brazilian Digital Library of Theses and Dissertations) was carried out. The analysis, in turn, was based on the ten dimensions of migration governance, developed by the International Organization for Migration (IOM) adapted to the Brazilian context. Results and Discussion: The results revealed that although there is an effort by municipalities and states to try to strengthen the guarantee of rights to migrants, there are still gaps and difficulties in ensuring them. There is fragmentation in the provision of services to migrants and difficulties for sectoral policies to carry out integrated and cross-cutting actions. Few studies discuss the institutional structure of migration governance, that is, the strategic organization of public policies in order to strengthen the guarantee of the rights of migrants. Research Implications: The importance of this study lies in organizing and producing materials to support professionals who work to promote the human rights of migrants in the country. Originality/Value: Considering that the management of migration and migrant policies is still under construction, this research contributes to thinking about ways to ensure the rights of migrants through effective migration governance.

The EU New Pact on Migration and Asylum: policies and discourses for a ‘fresh start’

ABSTRACT This provocation paper critically examines the discrepancy between policy rhetoric and implementation in the New Pact on Migration and Asylum, which was approved by the European Commission in April 2024. Despite its portrayal as a ‘fresh start’, the pact displays continuity with past security-focused measures. On the humanitarian side, the New Pact appears to be less effective: while it includes provisions for legal pathways and solidarity mechanisms, it inadequately addresses the rights of migrants awaiting asylum decisions. These shortcomings serve to illustrate the persisting internal conflicts within the EU regarding migration policies and values.

Migration and SDGs in Malaysia: Implementing Policy Reform toward Migrant Rights Protection

Migration and SDGs in Malaysia: Implementing Policy Reform toward Migrant Rights Protection

Administrative Lawfare at the European Union’s External Borders: Some Perspectives on Administrative Regulation of NGO Search and Rescue Activities in Italy and the Situation at the Polish-Belarusian Border

Abstract Violations of the rights of migrants by state actors at the EU’s external borders, including through the use of pushbacks and indiscriminate violence, both on land and sea, have resulted in NGOs, lawyers and citizen activists engaging in forms of humanitarian action and legal mobilization aimed at contesting inhumane state policies. State actors can similarly rely on various legal tools to create a chilling effect and a hostile environment for migrants’ rights activism. Such practices can be considered to constitute a form of lawfare against migrants’ rights activism, an instrumental and hegemonic use of the law in order to weaken support for migrants. The use of criminal law has been a common tool of lawfare at the European Union’s external borders. However, administrative law is increasingly being used to bring activists into compliance with states’ interests, creating compliant environments through the use of regulatory instruments and administrative sanctions. To critically assess the instrumental use of administrative law as a form of lawfare, it makes sense to review their application at the EU’s external borders. A good opportunity for such a review is being provided by looking at the administrative regulation of search and rescue (SAR) operations in the Mediterranean creating a hostile environment for SAR NGOs in the case of Italy, and the instrumental use of administrative regulations to limit access for activists to the Polish-Belarusian border in the case of Poland.

Making rent: how forced migrant families access private rental housing in the Biqa’ Valley, Lebanon

The private rental market is a key provider of housing to forced migrants. This paper examines qualitative data from case study research in rapidly urbanizing towns in the Biqa’ Valley, Lebanon, focusing on Syrian forced migrants’ efforts to access housing through the local private rental sector. Building on literature about landlord–tenant relations and anthropological work on kin, I argue that rental agreements ought to be understood as both financial and social arrangements, which involve family members, landlords and middlemen ( shaweesh) in complex rental ecologies. I find that young Syrians are caught up in evolving financial and social obligations, which make inhabitation possible, but which perpetuate gendered and xenophobic forms of dispossession. I argue that humanitarian and development actors advocating for the right of forced migrants to settle in urban areas ought to avoid perpetuating reliance on an inequitable private rental sector.

Presence of Anxiety or Depression Feelings and Its Associated Risk Factors among Immigrants in Korea: A Nationwide Cross-Sectional Study.

The influx of immigrants into Korea has increased in recent years, affecting Korean society and the healthcare system. This study analyzed the frequency of anxiety and depression in immigrants, which negatively affects their quality of life. We analyzed data from a 2020 survey on the Health Rights of Migrants and the Improvement of the Medical Security System. Bivariate analyses and a multiple logistic regression model were used to identify the risk factors associated with the presence of anxiety or depression among immigrants. We included 746 immigrants, 55.9% of whom were female. The overall rate of anxiety or depression was 31.77%, with 38.3% in females, which was significantly higher than the 26.62% in males. The frequency of anxiety and depression was also strongly associated with certain immigrant groups, including immigrants of African or Western Asian origin (over 64%); those with student visas (60.53%); those who self-reported poor health (52%), physical or mental disabilities (69.23%), or chronic diseases (58.43%); and those facing difficulties accessing medical services (59.47%). This study showed the frequency of feelings of anxiety or depression and associated risk factors among immigrants. These findings may have implications for policymakers in reducing the likelihood of developing anxiety or depression in the future and improving the quality of life of immigrants in Korea.

Characteristics and Emerging Trends in International City Negotiations

The article examines key features, main directions, and current trends in international negotiations between subnational territorial units using the example of cities. In today’s world, where the global political system is undergoing epochal change, the international activities of non-governmental and subnational actors, including their participation in international negotiations, have intensified. One of the key features of international city negotiations is that they occur mainly in a multilevel and multilateral format. This is due to the hybrid nature of cities, which are both state and non-state entities. The balance of power between cities and states in international relations depends on factors such as the degree of autonomy granted to sub-national units by the central government, as well as the level of economic and political influence held by cities. Sometimes, the position of a city may differ significantly from that of the state it belongs to. At the international level, there are several specialized institutions and mechanisms that allow cities to coordinate their positions and develop common approaches. These include the World Association of United Cities and Local Authorities, the World Assembly of Local and Regional Authorities, and the Metropolis Association. The main topics of today’s multilateral negotiations between cities include combating climate change, ensuring protection from natural disasters, promoting the rights of migrants and other displaced people, and fostering innovation in urban environment and governance. In contrast, bilateral negotiations between cities, based on the institution of sister cities, focus more on the humanitarian, scientific, educational, and cultural spheres of cooperation. Finally, current trends in international city negotiations include the increasing use of digital technologies and the geographical reorientation of Russian cities’ partnerships towards the countries of the “global majority.”

ISSUES OF PROVIDING GUARANTEES AND SOCIAL PROTECTION FOR EAEU LABOUR MIGRANTS

Background: Today, the Eurasian Economic Union (hereinafter the EAEU) has formed its own labour market; however, in the current international environment, issues related to ensuring the health protection of migrants and their access to employment persist. Despite ongoing efforts within the EAEU to develop and deepen Eurasian integration and improve the regulatory framework, there is a need in the age of digitalisation to develop better access for workers to social protection and medical support systems. The relevance of this scientific article lies in the presence of problematic issues related to the fact that many migrants are not registered and lack the documentation to protect them legally and financially; this situation contributes to the development of informal employment and low labour productivity. Although the EAEU countries have established working and socio- economic conditions, the issue of ensuring health protection, access to work, and social protection for labour migrants remains unsolved. Methods: This article employs various methods of scientific cognition, including historical and legal analysis, comparative legal study, induction and deduction, as well as analysis and synthesis. It also applies the acts and regulations of the ILO. What is the role of protecting the socio-economic and labour rights of migrant workers as the main task of receiving states? In law enforcement practice, to what extent do the provisions of international agreements on the organised hiring of workers between receiving countries and countries of origin of migrants 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? How does national regulation of labour migration in integration associations of states rationally organise their actions on the principles of national treatment for migrant workers? Labour 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 to the protection of the interests of fellow citizens in regulating labour 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 fulfil their obligations to civil society. The study examined the free movement and provision of labour and social guarantees for labour migrants in the EAEU and compared their situation in the EU. It also surveyed labour migrants in the EAEU by questioning workers in education, medical care, and various private sectors. This article is based on the results of this study. This article examined the challenges in providing guarantees and social protection for EAEU labour migrants. It proposed improvements to legal regulatory mechanisms and outlined recommendations for improving and expanding opportunities for free movement while better safeguarding the social and labour rights of migrants in the EAEU. The study’s primary objectives were as follows: - Examining the provisions of the ILO Convention on migrant workers. - Collecting and analysing data on labour movement across the EAEU - Analysing international EU treaties regarding the legal status of migrant workers - Interviewing migrant workers in the EAEU on issues related to their provision of rights and guarantees under the EAEU Treaty. Results and conclusions: This study highlights the need to organise safe labour migration, provide labour migrants with full access to digital services, improve the system of vocational and technical education in line with labour market demands, as well as develop and implement a unified system for ensuring the safety of workers and their families. Successful adaptation in the host country is identified as a critical factor for both labour migrants and their families. The authors recommend adding a dedicated chapter to the EAEU treaty that would comprehensively address labour and social rights, along with their guarantees.

Миграционный процесс как фактор обеспечения финансово-правовой политики Республики Таджикистан

The relevance of the article under consideration is due to the fact that the migration process affects the political, social, financial and legal policy and security of the state. It notes that the migration process currently acts as an indicator that regulates the financial and legal policy of the state and the population of the Republic of Tajikistan. The emerging outflow of the young generation of the country, including educated and qualified personnel, indicates insufficiently high wages and living standards in the republic. Based on this, the author believes that due to the growing number of migrants from the countries of the exporter of labor resources, at the same time in the host country, new problems arise in terms of adaptation to life in big cities, mentality, legislation and labor law and order. The modern globalization of migration processes also transforms to more reasonable relations of rapprochement of peoples, legal interethnic relations, the study of history, culture, customs, traditions, customs and many other factors of national values from each other, creating friendly relations, where they unite them even more, develop friendship between peoples. All this is a sign that the host country has a positive attitude towards the migration flow. The task of the state, the exporting labor force and the country receiving labor resources is, first of all, independently, taking into account the circumstances and certain principles of public administration, to harmonize migration legislation in order to stabilize and develop it. Since public administration in this area is an independent area of activity of executive authorities, directly related to ensuring state security and socio-economic development of the country, the state faces the task of systematizing migration legislation. The author comes to the conclusion that, together with the multiplicity and sometimes inconsistency of legal acts in the field of migration, their application is significantly more difficult, which leads to inconsistency in the actions of law enforcement agencies that regulate these processes. In addition, there are barriers to providing social protection for migrants that lead to discrimination, such as labor, legal, language and cultural barriers, insufficient information about the rights of migrants to social protection and the mechanism for their implementation.

‘What if I get sick?’ Healthcare (non)decisions of overseas Filipino workers in Taiwan

The increasing presence of overseas Filipino workers (OFWs) in Taiwan, particularly in the electronics and technology (E&T) industry, has raised concerns about their health and health-seeking behaviours. Our study draws on a theoretical framework combining Brandenberger et al.’s 3C model, which considers challenges in communication, continuity of care, and confidence regarding healthcare delivery for migrant workers, with Scott’s sociology of nothing. This framework enables us to interpret the decisions of OFWs on seeking care, not seeking care, or not making any decision. Although the National Health Insurance covers migrant workers and the New South Bound Policy commits to promoting migrant health, narrative accounts of individual workers, migrant rights advocates, and shelter organisers inform us of OFWs’ ambivalence towards utilising the healthcare resources available. The decisions made by OFWs in the E&T industry may include seeking assistance, not seeking assistance, or not addressing health concerns due to legal, financial, or cultural reasons. The contextual nuances behind their decisions led us to look beyond the challenges they face and argue for interventions such as peer education on legal rights awareness and health literacy to enable OFWs to make informed decisions about their well-being.

Nursing Care in Migrant People: An Approach from the Cultural Perspective

International migration is an issue of political, economic, and social relevance worldwide. Ensuring the right of international migrants to health protection is a challenge for countries of expulsion, transit, and destination. Nursing plays a vital role in ensuring that international migrants maintain a state of health that allows mobilization, through the prevention of diseases and accidents, the promotion of healthy behaviors, diagnosis and timely care of communicable and non-communicable diseases, so that the development of interventions in the areas of large migratory flows, helps to ensure safe migration from the approach of world health care.

Contextualizing Fair Migration in Malaysia: From Sovereign Migration Governance Toward Developmental Global Migration Governance

This paper proposes that fair migration governance in Malaysia reflects a gradual shift from sovereign migration governance towards developmental global migration governance. It examines three approaches the Malaysian government takes to enhance migrant rights protection: concluding a zero-cost migration memorandum of understanding (MoU), digitalizing the recruitment process for foreign workers, and introducing joint liability schemes for employers and private employment agencies. These approaches are a significant move towards rights-based solutions, consistent with Sustainable Development Goals (SDG) 10.7: Facilitate orderly, safe, regular, and responsible migration and SDG 8.8: Protect labor rights and promote safe and secure working environments for all workers. Document analysis examines data from official documents and legislations, reports from international organizations, statements from migrant advocacy organizations and trade unions, parliamentary debates, and newspaper articles. The findings have two implications. First, it reflects a central shift in the conceptualization of Malaysia’s labor migration industry from a business model to a rights protection model through eliminating intermediaries. Second, it illustrates the transition of Malaysia’s migration policy from sovereign migration governance to developmental global migration governance. In the Malaysian case study, policy changes are both the consequence of a top-down statist approach and global and societal movements toward developmental global migration governance.

CONTEMPORARY MIGRANT CRISIS WITH THE SPECIAL OVERVIEW OF THE PROTECTION OF CONSTITUTIONAL RIGHTS OF THE CITIZENS OF IMMIGRATION COUNTRIES

The contemporary migrant (refugee) crisis that began in 2010 in the countries of North Africa and the Middle East is by no means accidental, but a very well-planned and executed migration of people. This plan slowly leads to the formation of a completely new world order in such a way as to destroy the previous national one, and create a completely new limited sovereignty. The de-sovereignation of nation-states has become a scourge of the modern age. A typical example is the European Union, which, in the era of the contemporary migrant crisis, has set itself a great challenge and task, to preserve the national identity of its member states. In the paper, the authors presented the legal and institutional framework for the protection of basic human rights of migrants. The paper contains a special reference to respect for the constitutional rights of citizens of the countries of immigration in the age of the migrant crisis. The contemporary migrant crisis has led to an enormous increase in people smuggling, but also influenced the increase in human trafficking. In the paper, the authors point to the distinction between human smuggling as a criminal offense against public order and peace and human trafficking as a criminal offense against humanity and other goods protected by international law. In the final deliberations, it was pointed out the necessity of respecting international documents, encouraging national, regional and global cooperation, as well as public condemnation of discrimination and hate speech.

International Regulation of Pensions in the EAEU: Problems and Development Prospects

The EAEU countries, having adopted the Agreement on Pension Security in 2019, took a big step forward to form the pension rights of migrants from the EAEU countries. However, existing difficulties caused by economic, demographic characteristics and institutional differences make us think about further steps to harmonize, unify and coordinate the pension systems of the EAEU countries.Aim. Consider themechanisms and the principles of international regulation of pensions in the EAEU countries and identify limitations and opportunities for its further improvement.Tasks. Explore global experience of cooperation in the pension sector; conduct an analysis of international regulation of pensions in the post-Soviet space and in the EAEU countries; identify difficulties in forming pension rights for migrants from EAEU countries; to find possible directions for the further development of pension legislation in the EAEU countries.Methods. The comparative analysis method was used to study national old-age pension systems; when determining the directions for the development of old-age pensions for migrants in the world, the historical and legal method was used.Results. The world experience of international regulation of pensions is considered.Differences were discovered in the formation of pension rights in the EAEU countries.The mechanisms of harmonization and coordination, as well as the territorial and proportional principles of legal regulation of old-age pensions are analyzed. The difficulties of forming pension rights for migrants from the EAEU countries are shown.Conclusions. The current approach to regulating pensions in the EAEU is not perfect, but it allows countries to remain independent in their national pension policies. Overcoming the existing difficulties in the formation and implementation of pension rights is possible with further harmonization, unification and coordination of the EAEU pension systems, which are complicated by the economic and demographic operating conditions and the lack of a unified strategy for the development of pensions in the EAEU. A fundamental issue for all countries is to determine the role of the state in the pension process.

The immigration discrimination dilemma

This article presents moral dilemmas that arise when expressing an argument persuades citizens to support rights for migrants, but also persuades citizens to support rights for some migrants and not others. We draw upon an original survey experiment to illustrate versions of these dilemmas.

Historical Immigration Policies: Trends and Lessons

Abstract In recent years, scholars of migration have created several new immigration policy indexes, but most existing databases have limited temporal scope. They also focus, to a large extent, on the Global North. In this research note, we introduce the Historical Immigration Policy dataset (HIP), which begins to fill these gaps. We first provide an overview of the data and then describe how they offer new insights into immigration policy. We make three empirical observations. (1) On average, democracies are less open to immigration than authoritarian states but grant resident migrants more rights. (2) European states were open to immigration earlier than standard accounts of global migration assume. (3) Historically, openness to immigration and inclusive rights for resident migrants have often been complements, not substitutes.

Labour market institutions for immigrants: The case of high‐wage migrant workers in Indonesia

AbstractThis paper presents a novel ‘legal process’ analysis to examine labour market institutions' role in addressing violations of migrants' labour rights in Indonesia. Examining 92 labour disputes and conducting qualitative interviews with stakeholders, the study explores Indonesia's primary labour market institutions' effectiveness in safeguarding migrants' rights. Systemic shortcomings within Indonesia's labour market institutions are revealed, indicating their limited capacity to protect migrants' labour rights effectively. Qualitative interviews provide insights into various foci and disconnects contributing to institutional failures. Calling attention to the role of the state, this study identifies ‘institutional fixes’ that facilitate migrant rights protection, such as the assistance provided by private lawyers. It argues for shifting focus from ‘migrant exceptionalism’ to acknowledging migrants' experiences within labour market institutions as workers. This study contributes to understanding migrant labour governance in Indonesia, emphasizing the need to address institutional failures and advocate for comprehensive reforms to protect migrants' rights effectively.