Rights Of Migrants Research Articles

‘Penniless Orientals of the Pedlar Type’: The Republic of Ireland and Commonwealth Migrant Rights 1940s-1970s

‘Penniless Orientals of the Pedlar Type’: The Republic of Ireland and Commonwealth Migrant Rights 1940s-1970s

АНАЛІЗ НОРМАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ ТРУДОВОЇ МІГРАЦІЇ В У КРАЇНІ

The paper examines the current state and peculiarities of legal regulation of labor migration in Ukraine. Legislative acts, international documents and regulatory acts regulating labor migration were analyzed in order to determine the main problems of the functioning of this sphere. The article focuses on the main challenges faced by the labor migration system in Ukraine, such as insufficient effectiveness of mechanisms for monitoring the observance of the rights of immigrant workers, unequal working conditions for migrants and domestic workers, as well as shortcomings in the implementation of international agreements on labor migration. It was determined that the signing of the Association Agreement between Ukraine and the European Union in 2014, as well as granting Ukraine a visa-free regime with a number of countries, became a prerequisite for mass labor migration of Ukrainian citizens. It was established that in connection with the introduction of martial law in Ukraine, a number of innovations were introduced aimed at protecting the labor rights and interests of employees working for an employer-a natural person - the introduction of additional guarantees through acts of social dialogue, such as collective agreements and agreements, where these acts enable the parties to regulate labor, social and economic relations, taking into account the interests of each of the parties during the period of martial law. It was found that in order to stimulate the creation of new jobs and the return of displaced persons, the program "Affordable loans 5-7-9%" was introduced, which provided support for entrepreneurs at rates from 5% to 9%, depending on the size of the enterprise and the duration of its activity. It was determined that one of the shortcomings of the government's urgent response in the conditions of martial law is that most of the normative legal acts of Ukrainian legislation require constant updating. It was found that there are no legal documents in the legislation that would regulate relations with the Ukrainian diaspora, protect the rights of Ukrainian migrants abroad and facilitate the possibility of their return under special conditions.

The issue of the preparation of documents for receiving compensation for real estate destroyed as a result of the armed aggression of russia

The article analyzes the experience of scientific research of some Ukrainian scientists in the issues of ensuring the housing rights of citizens and legal constructions of ensuring the housing rights of citizens in the conditions of armed aggression of the russian federation, as well as the issue of implementing the housing rights of forced migrants in Ukraine. The number of information messages about damaged or destroyed housing as a result of the armed aggression of the russian federation from citizens of Ukraine through the Ukrainian electronic service of public services «Diya» was considered, as well as the most affected regions were determined. The possibility of Ukrainian citizens who have suffered from military aggression to appeal to the European Court, which acts on the basis of the European Convention on Human Rights and the Universal Declaration of Human Rights, and the controversial issues of receiving compensation in the event of such appeals have been revealed. The draft law on compensation for damage and destruction of certain categories of real estate objects as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the russian federation was analyzed and the main amendments to this draft law were established. The main theses of the Law of Ukraine «On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the russian federation against Ukraine» and the State Register of Property Damaged and Destroyed as a result of hostilities and terrorist acts were studied, sabotage, the armed aggression of the russian federation against Ukraine, and the main methods, process and conditions of receiving compensation have been updated. The main issues of preparing documents for receiving compensation for real estate destroyed as a result of the armed aggression of the russian federation have been determined. Problematic issues of compensation for the destruction of non-residential real estate of enterprises are analyzed. The need to support enterprises in matters of compensation for destroyed or damaged non-residential real estate, as business entities and their role in supporting the state economy, is substantiated. The list of documents that business entities need to receive future compensation for destroyed or damaged non-residential real estate has been established.

Addressing climate-induced migration: Challenges and opportunities in EU’s legal and policy framework

Climate change has emerged as one of the most pressing, unresolved concerns in the 21st century, which as of the moment still lacks a definite resolution. Whilst the ecological threats do exist well within the public consciousness, a new foe has been born as the result of the same: the issue of climate-induced migration. The adverse effects of climate change, be it droughts or flooding, have left several communities all over the world scrambling to abandon the very place they call home. The victims are left to embark on a search for safer and more habitable environments to begin their lives anew. This has given rise to an increasing humanitarian crisis, but not due to war, persecution, or political instability; but due to ever-worsening ecological concerns which the entire planet is increasingly reeling from. Valuable support efforts by the international community non-withstanding, these “climate migrants”, still lack the necessary legal status and comprehensive protection within the current legal framework of the European Union (EU). Their efforts to gain asylum are being thwarted by a legal system, which as of now, is woefully under-equipped to handle the same. The study attempts to expand the conversation in this regard, by conducting doctrinal research on the present gaps in the existing international and new EU legal frameworks related to asylum and refugees. With the help of case studies in the Asia-Pacific region, the paper critically assesses the same, contributing valuable insights to the ongoing discourse on climate-induced migration and advocating for a more inclusive and adaptive legal framework to ensure the protection of the rights of climate migrants.

ECONOMIC AND LEGAL REGULATION OF INTERNATIONAL MIGRATION: FINANCIAL AND ECONOMIC COOPERATION OF COUNTRIES UNDER MILITARY FACTORS

The purpose of the article is to analyze the status of international migration and identify the problems of its economic and legal regulation in the context of ensuring financial and economic cooperation of countries in the conditions of increasing the influence of military factors. The results of the study prove that military factors have a dominant impact on the intensification of international migration processes. It is established that international migration is considered to be a complex, unpredictable socio-economic phenomenon that is gaining a global scale, covers a large number of countries, is difficult to regulate at the economic and legal level and periodically intensifies under the influence of factors and dangers of an economic, social, political and military nature. The authors prove a significant increase in the volume of international migration under the influence of the war of russia against Ukraine, which intensified as a result of the mass movement of the Ukrainian population outside the country in order to save their lives and health. The significant problems regarding the economic and legal regulation of international migration in the context of ensuring financial and economic cooperation of countries in the conditions of the increasing influence of military factors are identified, which are manifested in the inconsistency of international law with the provisions of national legislation of the countries of the world. It is found that the growth of international migration processes stimulates destructive changes in the international labour market, and causes an increase in unemployment and a decrease in employment rates at the national level. In the article proposes to review the existing mechanisms of legal regulation of international migration and protection of the rights of migrants outside Ukraine, and formulate an international strategy for harmonizing migration policies of different countries of the world.

The Role of the Serbian Constitutional Court in the Area of Asylum and Migration

The Constitutional Court in Serbia protects the constitutionality and legality of human rights and freedoms guaranteed by the 2006 Constitution. However, its role in asylum- and migration-related matters is limited. There are two reasons for this: the Court very narrowly interprets its own competencies which results in the rejection of the majority of constitutional complaints, and the Court serves as a protector of state authorities rather than a protector of the human rights of asylum seekers, refugees, and migrants. The jurisprudence of the Constitutional Court in this area relates to several matters: the application of a safe third country principle, rights concerning the asylum procedure, and issues relating to the freedom of movement and detention of migrants. Therefore, the Court has been unable to develop clear and coherent practice in this area. However, it is worth noting that the Court invokes relevant standards derived from the jurisprudence of the European Court of Human Rights, although the application of those standards usually does not lead to a decision to uphold the constitutional complaint. It also relies on other international sources, such as the UN Refugee Agency reports on specific countries, various United Nations and Council of Europe instruments, and reports of non-governmental organisations. Finally, the Court is not interested in the case law of the Court of Justice of the European Union (EU), despite the fact that Serbian legislation in this area is inspired by the EU acquis. Serbia is not a member state of the EU, but as a candidate country it is in the process of aligning its own legislation and practice, and referral to the jurisprudence of the Court of Justice would provide guidance on how to interpret domestic provisions, such as subsidiary protection.

Human Rights for Export Only? Non-Elite Human Rights Advocacy in West Germany, 1977–2000

This article analyzes the non-elite human rights vision promoted by the Russell III Tribunal and the Committee for Fundamental Rights and Democracy (Komitee für Grundrechte und Demokratie, Grundrechtekomitee). The article centers on leftists who utilized human rights to challenge state power since the late 1970s. The III Russell Tribunal (1978–79) brought international scrutiny to the West German state's restrictions against civil employment for suspected subversives. Policymakers, politicians, and liberal public intellectuals rejected the use of human rights rhetoric to address domestic wrongs. In their view, the sobriquet ‘human rights abuse’ was befitting solely to the cruelties committed by the National Socialists and in countries in the Global South and Eastern Europe. Veterans of Russell III founded the Grundrechtekomitee in 1980 to challenge this limited understanding of human rights. The second part of the article focuses on the Committee's engagement against Helmut Kohl's asylum policy and domestic racism. While focused on West Germany, the Committee mobilized a cosmopolitan vision of human rights that mobilized Holocaust memory to advocate for the rights of migrants and asylum seekers. The article argues that Russell III and the Grundrechtekomitee saw domestic human rights advocacy as a bulwark against undemocratic and xenophobic tendencies in Germany.

Between Subjects and Beneficiaries. DACA in the horizon of the fight for rights of undocumented migrants in the United States

By positioning the subjects of the political action in the center of the Deferred Action for Childhood Arrivals (DACA), we aim to return to the Arendtian perplexities of human rights to name a scene in which undocumented migrants dispute the meanings of citizenship and subjectivity of rights in the United States. The article was divided in three movements: the impacts of DACA in the context of being undocumented in the country; the perplexities of human rights; and mobilizing such critique in four framings of citizenship presented by Nicholls to interpret the arrangements in our scenes. We conclude on the multiple and paradoxical effects of this policy, a legal-political temporary fix and an opening for the dispute of meanings.

Non-discrimination of immigrants in Spain: contributions of new Spanish legislation on equal treatment and non-discrimination to the European and international sphere

The purpose of this paper is to carry out an analysis of Law 15/2022, of 12 July, on equal treatment and non-discrimination, approved in Spain in 2022, especially with regard to those of its precepts that affect migrants, and the contributions that this Spanish law can make to international and European legislation. In this sense, a comparison is made with the current Organic Law 4/2002, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, which also recognises anti-discrimination rights for migrants. In any case, the basic field of study in the application of the anti-discrimination principle for foreigners who are third-country nationals is the labour market. It is precisely in the field of employment that this paper makes proposals for a more effective application of the principle of anti-discrimination to foreigners.Received: 31 May 2023 Accepted: 03 August 2023

Strengthening Migrant CARE: A Comprehensive Approach to Ensure Worker Protection and Safeguard the Rights of Indonesian Migrants

Objective: Indonesia consistently sends Indonesian Migrant Workers (PMI) overseas as part of a policy to expand job opportunities despite numerous vulnerable cases. These instances range from workers not being paid their due wages to cases of violence, some of which tragically culminate in death. Economic conditions stand out as significant among the factors contributing to this situation. These conditions often serve as an attraction for the workers, highlighting the complexity of the issue. Ensuring the protection of migrant workers is also vital for the government, self-sustaining community institutions, and non-governmental organizations. This shows that the realization of worker rights protection requires urgent collaboration with various entities, such as Migrant CARE, a non-governmental organization actively contributing to the government's efforts in protecting migrant workers. Methodology: Therefore, this study aims to determine the role of Migrant CARE as a non-governmental agency in protecting workers, using a qualitative methodology through literature studies and documentation. Findings: The results showed that Migrant CARE played a role in the protection of migrant workers through their patterns as creators and channels of knowledge via the analysis conducted on the issue of safety. This organization actively criticized government policies and contributed to the provision of public services through advocacy and policy implementation. Implications/Value: It also suggested that the Indonesian government should strengthen the existing regulations related to the protection of migrant workers for a more comprehensive and accessible approach to resolving the issues encountered by migrant workers.

Responsibility for Violation of Rights of Migrants in Libyan Detention Centre

Migrants in Libya are experiencing the worst form of human rights violations, particularly after the fall of the Gaddafi regime. Post-2014 migrants faced a serious threat of human rights violations in detention centres and became the most vulnerable in Libyan society. The migrants experienced various human rights violations such as murder, torture, rape, enforced disappearance, and forced labour that may amount to crimes against humanity in international criminal law. In light of this situation, European policies aim at returning migrants to the European coasts. This has led to the conclusion of bilateral and multilateral migration agreements with the Libyan government and armed non-state actors. These policies have contributed to the vulnerability of migrants and the legitimization of violations by armed non-state actors. This article examines the violations committed against migrants in detention centres in Libya under the national and international legal framework with the aim of revealing the shortcomings and gaps in the Libyan national legal system and identifying the responsibility of the Libyan government, European Union countries and non-state actors for violations committed against immigrants in Libya.

External labor migration in modern Russia: socio-legal and criminological contexts

In modern Russia, criminological and sociological problems of external labor migration are relevant and topical, and primarily associated with large-scale uncontrolled and illegal migration, as well as with the ongoing criminalization of the sphere of migration relations. The problems accumulated in the migration area pose a significant threat to the national security of our country. The author has made an attempt to identify social hotbeds and determinants of the criminalization of migration processes and to formulate special measures and means aimed at decriminalizing the sphere of migration relations and reducing the level of illegal migration in Russia. The aim was to consider the current processes in the field of external labor migration in the Russian Federation and specific tasks to identify the main problems in this area in the socio-legal and criminological context and to propose effective ways to solve them, which are characterized by novelty and originality both in practical and theoretical terms. The research was carried out on the basis of empirical methods of cognition (conversations, in-depth interviews, sociological survey), as well as general scientific and interdisciplinary methods of cognition (comparative legal, formal legal and structural-functional). The key idea of this publication is that the scale and level of criminological and sociological problems in the field of external labor migration require development and adoption of a codified regulatory legal act — Migration Code of the Russian Federation, which would prescribe in detail and enshrine legal status, order of entry and stay, duties and rights of external migrants in Russia. Due to the special criminological and social significance of the processes of social adaptation, acculturation and integration of external labor migrants, the author of the publication proposes to develop and adopt a Federal Law «On social and cultural adaptation and integration of external labor migrants in the Russian Federation» with detailed regulation of appropriate measures, procedures and mechanisms.

Migration, Vulnerability, and Protection: Changing Labour Law Regime in Contemporary India

ABSTRACT This article undertakes a socio-legal analysis of India’s changing labour laws and situates migrant workers within the broader context of the changing relations between state, capital, and labour amid the reforms that were introduced in 2019–2020. It illustrates the precarity of migrant workers and the possibility of their legal exclusion from the revised labour codes, especially in the context of the COVID-19 pandemic-led lockdowns. The new codes reduced the number of establishments under regulation and diluted provisions that can hold contractors and employers accountable, which increases the scope for exploitation of workers and has serious implications for the rights of migrants. The labour law reforms, we argue, appear to have favoured capital in its relations with workers and have increased the degree of informality in a wide range of industries. Inter-state migrant workers may find themselves excluded from protective provisions that hold employers accountable for their treatment and this may make them more vulnerable in the informal sector. The article concludes that this push by the state to boost the ‘ease of doing business’ via precarious forms of employment and whittling away the protections of inter-state migrant workers may be far more detrimental than expected.

Countering Hegemonic Human Rights Norms through Migrant Labour Organising: The Case of Migrant Justice

AbstractThis article analyses undocumented migrant labour organising in a complicated context and site, the Vermont dairy industry, in relation to Tanya Basok's concept of “counter‐hegemonic human rights”. Taking migrant rights organisation Migrant Justice in Burlington, Vermont as a case study, this work examines migrant labour organising that calls upon notions of human rights for economic migrants in the USA. Migrant Justice works through commodity chain labour organising that transcends the scale of the state, calls on moral geographies of consumption and production, and autonomously redistributes not just capital, but power, from the corporation down to workers. An analysis of literature on migrant human rights in relation to labour organising will lead us to problematise mainstream human rights discourse, explore alternative conceptions of rights, and understand the liberatory components of the “counter‐hegemonic” employment of human rights by subversive actors, which may truly hold the potentials that mainstream human rights discourse claims.

Solidarity and the protection of migrants under European Union law

The management of migration flows in the European Union (EU) faces significant challenges due to the substantial increase in migrants and refugees. The lack of cohesion and modernization in the common migration policy weakens the protection of their rights. In this context, solidarity plays a vital role in addressing legal demands, particularly in EU Law, where it serves as a fundamental principle. This study aims to analyze the legal concept of solidarity within EU Law, with a specific focus on the protection of migrant rights. Adopting a theoretical approach, the research utilizes documental and bibliographical analysis. The study is divided into two parts. The first part examines solidarity in the context of international law and EU law, considering its challenges and significance in state-to-state relations. The second part explores solidarity as a fundamental principle for safeguarding the rights of migrants in the EU. It investigates the role and operationalization of solidarity within specific legal frameworks. The findings reveal that the unique social, political, and economic circumstances of each state or group of states present significant obstacles to the effective implementation of solidarity and the protection of migrant rights. The future of common migration policies in the EU remains uncertain. Therefore, it is crucial to harmonize regulatory instruments, enhance migration management, and address the socio-political and economic challenges to ensure adequate protection for migrant rights. This study emphasizes the need for a more cohesive and comprehensive approach to managing migration flows within the EU, aiming to guarantee the fundamental rights of migrants and refugees. Overcoming existing obstacles and promoting the effective implementation of solidarity are essential in improving migration policies and strengthening mechanisms for the protection of human rights.

A ‘civil minority’

The figure of Costante Danesi (1884–1969) stands out as an unrelenting defender of the rights of Italian migrants in Queensland’s history between the two world wars. Although his activism as an anti-fascist is documented in archival records and mainstream and Italian-migrant newspapers of the time, his role has received little more than cursory attention by scholars to date. This has led not only to confusion about his politics but also neglect of an opportunity for a deeper appreciation of the intercultural dimensions of resilience during the interwar years. Arriving in Australia in 1921, Danesi was not alone in speaking up to defend Italian migrants’ contributions to society or in aiding their wellbeing, and his activism in protecting their rights aligned with the principles of democracy. Yet an examination of those struggles reveals how the experiences of Italian sugarcane workers in North Queensland exposed overt and covert racism alongside Australia’s democratic ideals of the time. Drawing from the works of Joan Beaumont and Arjun Appadurai, this discussion repositions an Italian-born British subject as significant not only within the history of Queensland but also, more generally, in the demonstration of a minority community’s resilience over this tumultuous era.

Social guarantees for cross-border and seasonal workers in Europe during COVID-19 and other global crises

Globalization has intensified international migration, which is a powerful driver and an important factor of political, economic, social, and demographic changes in the countries of the world economy. The decision to migrate is mainly based on economic motives, but a migrant's choice of destination country is often determined by personal factors, which in modern conditions are formed under the influence of the system of social ties. Almost all countries of the world are now involved in international labour migration, and it has become increasingly widespread, resulting in many new problems for both states and the world community as a whole. The issue of protecting the rights of labour migrants in the EU is of particular relevance. The purpose of this study is to highlight the protection of labour migrants in the context of COVID-19 and other global crises. The article uses some general scientific methods (analysis and synthesis, deduction, induction, forecasting), as well as special legal scientific methods, including historical, formal legal, structural, and functional. As a result, the article examines measures and policies adopted by the countries of the European Union to improve the social protection of cross-border and seasonal workers during the crisis, as well as recommendations for further steps in this direction. The article provides a narrative analysis of social guarantees for cross-border and seasonal workers in Europe during the global crisis, which can be positioned for research in international labor law, social sciences, migration studies and economics.

Inclusion of disabled immigrants/refugees in the Greek educational system: Views of primary school teachers

In recent decades, there has been a systematic academic research attempt to analyze issues related to disability. Although disabled people are an essential group of migrants and refugees, and international conventions protect their social inclusion, it is noticeable that migration studies have not dealt with persons with disabilities until recently. The corresponding disability studies do not study the group of migrant/refugee-disabled persons. This study aims to research the teachers' views of the N. Aegean region on including disabled migrants and refugees and the educational policies implemented. A semi-structured interview was the research tool used for this study. The participants in the study were twenty-three primary school teachers. The teachers in our research pointed out that the right of disabled migrants to be included in education is lost in the context of evaluation criteria, inadequate educational policies and the fear of individuals resisting the dominant discourse of ableism and hyper-socialised reality.

The sheep that god lost: ‘legally’ circumventing the human rights of undocumented migrants

ABSTRACT The world witnessed the forceful repulsion of undocumented migrants when the Turkish government unilaterally repealed the EU-Turkey Deal in the Spring of 2020 and opened its border to allow migrants to reach the Greek border. In general, the rights of undocumented migrants are widely abused, particularly during migrants’ journeys towards asylum applications and pending status. This article examines in-depth how states violate the rights of undocumented migrants, despite existing international and European human rights protection regimes. I argue that states engage in political malignancy by creating an accountability (compliance) gap for abusing the grey areas of international law, where they consciously perform policies that harm undocumented migrants. Moreover, I also argue that states cooperate in those grey areas to overcome their human rights obligations and to fend off the migrant flows.

Local Faith Actors and the Migration– Development Nexus: A Literature Review

Abstract Since the turn of the millennium, the migration–development nexus has gained renewed attention within international organisations’ policies and academic debates. However, in these debates, the roles played by faith-based actors in general, and local faith actors (lfas) in particular, have so far only been marginally addressed. This fails to reflect the growing literature and practice examples of lfas’ engagements with both sustainable development and migration. This article focuses on the key debates around the migration–development nexus to which lfas’ engagements with development and with migration are particularly relevant. The central part of the article outlines existing research and policy documents on lfas, migration and development that directly speak to these debates. The last section summarises key points and directions to further explore the intersections among these areas of academic research and policymaking. These include research gaps around the role of lfas in the protection of children on the move, in advocating for the rights of migrants, and in addressing climate-related displacements. Overall, this literature review demonstrates that there is a need for more nuanced understanding of the migration–development nexus and of the many ways in which the two phenomena are interlinked.