Rights Of Migrants Research Articles

Exploring Legal Dynamics in Contemporary Migration with a Focus on Refugee and Migrant Rights

The phenomenon of migration poses a pressing quandary within the context of the global legal framework, heightened by persistent political instability and the repercussions of climate change. These factors compel a significant populace to seek alternative habitats, where they encounter varying degrees of success in the process of societal integration. The purpose of the article was to explore the legal aspects of migration processes in the modern world viewed through the lens of delineating the rights of refugees and migrants. With the use of rigorous scientific methods such as content analysis and comparison, this study elucidated the fundamental aspects of the migration dilemma. It demonstrated that the development of sound migration policies is of paramount importance in navigating this complex terrain. While initial international resolutions made general declarations, contemporary conventions provide detailed frameworks that, alongside national laws, establish the foundation for the assimilation of non-citizens into host societies. It was demonstrated that the increase in the number of migrants and displaced persons has led to a more detailed legal framework. While the initial international resolutions, such as those from the United Nations, primarily took a declarative stance, contemporary conventions exhibit a significantly more detailed approach. In conjunction with the legal norms of individual nations, these modern frameworks establish the foundation for the assimilation of recently arrived non-citizens into their host society. The results pointed out that this process took place according to the scheme of considering international standards and conventions on the migrants' and refugees' rights protection, which become the basis for the development of relevant provisions of national legislation. Consequently, in order to address migration comprehensively, the findings underscored the need to promote inter-state legal cooperation. The global community can progress towards achieving a fairer and more sustainable resolution of migration challenges by embracing a framework centered on inter-state legal cooperation. In addition to highlighting the current state of the law, the study argued for the development of innovative solutions to address the complexity of migration in the interconnected world.

The 1973 Migrant Workers’ Conference and Histories of Multiculturalism

Nowhere is the alliance between leftist organisations, trade unions, migrant workers’ clubs and ethnic welfare societies better represented than in the migrant workers’ conferences held in 1973 and 1975. This article argues for the historic importance of these overlooked moments in the history of twentieth-century labour migration. It explores the inter-ethnic and social justice aims of grassroots multiculturalism in Australia – a model that has been lost in subsequent official renderings of multiculturalism. What was the social and political position of non-Anglo migrant labourers and the migrant rights activists representing their interests? How did they engage with the labour movement and the Far Left? What political alliances formed around this question of migrant labour and migrant welfare for ethnic minority workers? And what were the outcomes of these conferences? This article will explore the improbable alliances and tensions that formed the migrant rights movement in the early 1970s; track its fracturing after the mid-1970s, when economic crises rendered its more ambitious redistributive aims unachievable; and examine how the ideological direction of state-endorsed multiculturalism diverted its inter-ethnic social justice agenda.

From hospitality to dwelling: a lens for migrant homesharing in Italy

ABSTRACT This article examines migrant homesharing programs in Italy through a dwelling lens, which seeks to understand how homesharing transcends the home and provides new opportunities for migrants to build a life as more than temporary guests. Homesharing is a growing reception practice across the Global North, and it sees residents house migrants in their own homes. We start from a critique of hospitality as the primary organizing framework through which homesharing is designed and implemented. We then put forth dwelling, as an alternative lens to hospitality, which imagines a wider array of relationships to and across space. We draw from ethnographic research in Turin, Bologna, and Florence, Italy, to showcase how migrants, residents, and practitioners engaged in homesharing are already thinking beyond guest–host dichotomies, and prioritizing ways of doing cohabitation that go beyond hospitality. If hospitality indicates the conditionality of being hosted, maintaining the power relations between the host and the guest, dwelling concerns the process by which the conditionality and impermanence of hospitality are eroded, asserting the right of migrants to be more than guests.

Labour Migration and Economic Growth: A Perspective from Asia Pacific Region

Globalization has led to significant changes in economies and societies worldwide, particularly in the Asia-Pacific region where labor migration drives economic growth. Migrant workers, valued across various sectors, play a key role in regional development by sending remittances that support families’ essential needs and entrepreneurial endeavors. Countries have simplified immigration procedures and enacted protective measures to attract and retain foreign labor, but challenges such as job displacement and balancing the rights of migrants with those of domestic workers persist. Research on the impact of labor migration on economic development in the Asia-Pacific region is crucial in addressing these complexities. Therefore, this article will focus on elucidating the theoretical foundations and practical aspects of labor migration while examining the correlation between labor migration and economic development in the countries within the Asia-Pacific region. The main purpose of the study is to elucidate the general migration context of the Asia-Pacific region and clarify it by conducting a deeper analysis of some representative countries in the region. Additionally, the study aims to elucidate the relationship between labor migration and economic development in this area. The results reveal that labor migration has a positive impact on economic growth through remittances.

Effect of health rights accessibility on the urban integration of minority rural migrants in China: a cross-sectional study

BackgroundAccessing health rights is an integral component of people’s aspirations for a better life. Existing discussions and evaluations regarding the accessibility of health rights for minority rural migrants are insufficient. In comparison to objective health conditions, inequalities in health rights lead to chronic and long-term depletion of human capital among minority rural migrants. This study aimed to assess the overall impact, heterogeneity effects, and mechanisms of health rights accessibility on the urban integration of minority rural migrants.MethodsBased on the 2017 China Migrants Dynamic Survey Data (CMDS), this study employs OLS models, 2SLS models, conditional mixed process (CMP) methods, and omitted variable tests to estimate the impact of health rights accessibility on the urban integration of minority rural migrants. Additionally, from the perspectives of migration scope and illness experience, this study explored the heterogeneity in the relationship between health rights accessibility and urban integration. Finally, using the Karlson–Holm–Breen (KHB) model, this study dissects the mechanisms through which health rights accessibility influences the urban integration of minority rural migrants.ResultsHealth rights accessibility significantly enhances the urban integration of minority rural migrants. Moreover, compared to minority rural migrants who move across provinces and who have no history of illness, those who migrate within the same province and who have experienced illness are more sensitive to the positive impact of health rights accessibility. However, the enhancing effect of health rights accessibility does not significantly differ between the new and old generations of minority rural migrants. Furthermore, health rights accessibility can indirectly improve the urban integration of minority rural migrants by elevating health levels, improving health habits, and reinforcing health behaviors. Among these, the indirect effects mediated by health habits are more pronounced.ConclusionThe research conclusions underscore the issue of health accessibility and urban integration among minority rural migrants, providing a reexamination and clarification of the policy effects of health rights in promoting the urban integration of minority rural migrants. Relevant policy design should commence with improving the health rights of minority rural migrants, enhancing their health integration capabilities, and effectively boosting their ability to integrate into urban life.

Enhancing the Rights of Protection-Seeking Migrants through the Global Compact for Migration: The Case of EU Asylum Policy

Abstract This article argues that the Global Compact for Safe, Orderly and Regular Migration (GCM) is not only a breakthrough for a rights-based approach in international migration governance but also an asset to the international protection system. By way of example, three key issues of the European Union’s (EU) Common European Asylum System are discussed: access to protection, reception conditions, and detention. These examples illustrate that faithfully implementing the Migration Compact would require the EU and its Member States to make significant changes in their asylum policy. The parallel emergence of the Global Compact on Refugees (GCR) may suggest otherwise – namely, that the GCM is not relevant for refugees and other protection-seeking migrants. However, the legal construction that best serves the object and purpose of both documents is the assumption that the two Compacts have an overlapping scope of application. The GCM addresses specific protection needs of protection-seeking migrants who are not covered by the 1951 Refugee Convention, and it serves as an umbrella, strengthening the core human rights of migrants regardless of their status, including protection-seeking migrants. Hence, the GCM improves the international protection system as a whole and should be acknowledged as such.

MIGRATION TRENDS AND POLICIES: A REVIEW OF AFRICAN AND USA PERSPECTIVES

Migration is a global phenomenon that significantly shapes the demographic, economic, and social landscapes of nations. This Review provides a concise overview of the migration trends and policies in Africa and the United States, exploring commonalities, differences, and the implications for both regions. In the African context, migration is a multifaceted process influenced by economic, political, and environmental factors. The continent experiences both voluntary economic migration and forced displacement due to conflicts and environmental challenges. This review delves into the diversity of migration policies across African nations, highlighting the tension between regional integration and the need for border controls. The African Union's role in shaping continental migration policies is examined, emphasizing the importance of balancing economic interests with humanitarian considerations. The United States, historically a destination for immigrants, has a complex immigration system shaped by changing societal needs and political landscapes. This Review outlines the various forms of migration to the U.S., including family reunification, employment-based immigration, and asylum-seeking. The dynamic interplay between federal regulations and state-level initiatives contributes to a nuanced policy framework. This review explores the historical evolution of U.S. immigration policies, from periods of openness to more restrictive measures based on economic conditions and security concerns. Comparatively analyzing migration trends and policies in Africa and the USA reveals common themes such as economic aspirations, geopolitical influences on forced migration, and the importance of comprehensive policy frameworks. Recognizing migration as a shared global challenge underscores the need for collaborative approaches. This Review emphasizes the significance of international cooperation to address the root causes of migration, promote economic development, and safeguard the rights of migrants. In conclusion, this Review encapsulates the intricate dynamics of migration in Africa and the USA. By understanding the shared challenges and embracing collaborative solutions, nations can work towards creating more inclusive, humane, and sustainable migration policies that benefit individuals and societies on a global scale.
 Keywords: Perspectives, Policies, USA, Africa, Migration, Review.

Empathy and attitudes toward protecting migrants from criminal violence

AbstractMigrants in Latin America are increasingly vulnerable to organized crime violence while en route to their destination. Public opinion regarding how to address this problem varies. While many residents of countries along migration routes support policies protecting migrants from organized crime, others oppose them. What explains this variation? To investigate this situation, we draw on nationally representative survey data from one of Latin America's most important migrant corridors, Mexico, where sustained criminal violence makes migrants vulnerable to criminal predation en route. We integrate insight from theories about helping refugees amid political violence with studies about aiding migrants amid peace to develop and test hypotheses about an understudied research phenomenon, protecting migrants amid large‐scale criminal violence. We argue that attitudes toward protecting migrants are influenced by feelings of empathy. We test hypotheses related to two conduits of empathic perspective taking—crime victimization and imagining one could become a victim in the future. We find these channels of perspective taking are positively associated with support for migrant protective policies among crime victims and nonvictims alike. Our research reveals new information about attitudes toward immigration policy in criminally violent contexts and advances knowledge about the public endorsement of policies to preserve migrant rights and dignity.

Effects of Migration and Displacement on Human Rights and Development in Sub-Saharan African

Purpose: The aim of the study was to investigate effects of migration and displacement on human rights and development
 Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries.
 Findings: Migration and displacement profoundly affect human rights and development, highlighting the urgent need for coordinated action at local, national, and international levels to ensure the protection and well-being of all individuals affected by these processes.
 Unique Contribution to Theory, Practice and Policy: Human rights-based approach (HRBA), structural violence theory & transnationalism theory may be used to anchor future studies effects of migration and displacement on human rights and development. Implement robust human rights monitoring mechanisms in migration and displacement contexts, ensuring that individuals' rights are safeguarded throughout their journey. Develop and enforce policies that explicitly incorporate a human rights-based approach to migration and displacement. States should ratify and implement relevant international conventions, ensuring the rights of migrants and displaced persons are respected.

Speaking Racism – Raciolinguistic Frontiers, Worth and Belonging in the Governing of Refugees in Norway

ABSTRACT This article explores the role that language requirements for residence and citizenship play in delineations of worth and belonging in the governing of refugees in Western Europe after 2015. In the past two decades residence and citizenship rights for migrants have increasingly become conditional on formalised language requirements. While language requirements embed promises of inclusion and opportunity, this framing skirts the ways in which they legitimate and reproduce racially charged inequalities. Based on rich ethnographic data from Norway, this article investigates how refugees encounter, perceive, and contest language requirements. By mobilising Kamran Khan’s notion of ‘raciolinguistic borders’ alongside Ann Laura Stoler’s notion of ‘interior frontiers’, I explore how language requirements are heard to ‘speak racism’. I argue that a political geography of language provides a timely and needed contribution to the geopolitical toolbox, and more specifically, to geographical explorations of the racial taxonomies of contemporary European border regimes.

Territory, rights, and migrant justice: Undocumented first amendment rights, or the deterritorialization of rights access

This paper analyzes the work of the powerful migrant rights organization Migrant Justice, as they exemplify ways in which migrant activists in the U.S. today are challenging the socio-political confines of bordered state territory and are pushing the landscape of rights access in new directions. This work utilizes a year-long ethnography conducted with Migrant Justice as they faced intense targeting and surveillance from immigration authorities, including the use of a covert informant, in response to their successful labor and human rights organizing in the state of Vermont. This work in particular details Migrant Justice’s First Amendment rights lawsuit against the federal government in response to this targeting. Here, Migrant Justice directly challenged the federal government in a groundbreaking lawsuit that saw federal immigration authorities forced to acknowledge constitutional rights for undocumented migrant activists. In this confluence of opposing forces, we of course see egregious abuses against migrant actors, but we also see exemplifications of new and progressively powerful forms of resistance that are posing a specific challenge to the state’s bordered and territorially based limitations on human and civil rights. This work utilizes Stuart Elden’s conception of territory—as a process and a praxis of control—to understand migrant resistance to state-sanctioned exclusion and exploitation and the ways in which these challenges to state power are creating new spaces for political belonging. An analysis in this way allows us to see the work of Migrant Justice as that which increasingly deterritorializes relationships between residents and state power—an undoing of spatial limitations on rights and belonging. Throughout this work, the concept of deterritorialization as a form of migrant resistance is unpacked and defined to understand the full potentials of migrant activism today.

Precarity prevented or reinforced? Migrants' right to change employers in the recast of the EU Single Permit Directive.

Labor migration policies within the European Union and its Member States typically address two conflictive labor market policy goals. They aim to attract and retain foreign workers in a situation of labor shortage, while at the same time protecting the national workforce from additional labor market competition. The balancing of these two goals is commonly resolved in favor of nationals and with fewer rights for migrant workers. It is precisely this nexus between migrant rights and the protection of the national workforce that is central to the understudied question of whether and under what conditions migrant workers from third countries (i.e. non-EU countries) may change their employer to quit low-quality work or exploitative employment, or for career reasons. Building on scholarly discussions on employer dependency and bureaucratic complexity as general sources of migrant precarity, as well as on international and EU law on the rights of migrant workers, this article presents three policy variations of the right to change employers currently in place in the European context. Thereby we fill a gap in the literature on labor migration, labor market regulation, and migrant workers' rights. To illustrate the mixed ambitions of EU institutions to reduce migrant precarity the article then presents and critically discusses the high-level negotiations over the recast of the EU Single Permit Directive 2011/98 that were centered around the right to change employers.

Intersectional (In)visibility: experiences of irregular migrants in Barcelona

ABSTRACT This research contributes to ever-growing research on multiple intersecting identities of irregular migrants. Investigating the experiences of 35 irregular migrants in Barcelona, it examines the paradoxical nature of the intersectional (in)visibility model across three analytical categories: institutional (in)visibility, (in)visibility as marginalization, and (in)visibility as strategy. Institutional (in)visibility involves the simultaneous co-existence of institutional invisibility at the national level and institutional visibility at the local level. (In)visibility as marginalization manifests discrimination or ignorance of certain irregular migrants with intersectional identities such as race, gender, or class, despite their shared legal status. (In)visibility as a strategy encompasses various performative actions, including street protests, to insert claims into the public sphere and camouflage to avoid racial profiling. Institutional (in)visibility is connected to the legal status and rights of irregular migrants; (in)visibility as marginalization is related to their race, gender, or class, while(in)visibility as strategy is a performed action as a response to institutional (in)visibility and/or (in)visibility as marginalization.

Sexual and reproductive health and rights of migrant women attending primary care in England: A population-based cohort study of 1.2 million individuals of reproductive age (2009–2018)

BackgroundEvidence on the sexual and reproductive health and rights (SRHR) of migrants is lacking globally. We describe SRHR healthcare resource use and long-acting reversible contraceptives (LARCs) prescriptions for migrant versus non-migrant women attending primary care in England (2009–2018). MethodsThis population-based observational cohort study, using Clinical Practice Research Datalink (CPRD) GOLD, included females living in England aged 15 to 49. Migration was defined using a validated codelist. Rates per 100 person years at risk (pyar) and adjusted rate ratios (RRs) were measured in migrants versus non-migrants for consultations related to all-causes, six exemplar SRHR outcomes, and LARC prescriptions. Proportions of migrants and non-migrants ever prescribed LARC were calculated. FindingsThere were 25,112,116 consultations across 1,246,353 eligible individuals. 98,214 (7.9 %) individuals were migrants. All-cause consultation rates were lower in migrants versus non-migrants (509 vs 583/100pyar;RR 0.9;95 %CI 0.9–0.9), as were consultations rates for emergency contraception (RR 0.7;95 %CI 0.7–0.7) and cervical screening (RR 0.96;95 %CI 0.95–0.97). Higher rates of consultations were found in migrants for abortion (RR 1.2;95 %CI 1.1–1.2) and management of fertility problems (RR 1.39;95 %CI 1.08–1.79). No significant difference was observed for chlamydia testing and domestic violence. Of 1,205,258 individuals eligible for contraception, the proportion of non-migrants ever prescribed LARC (12.2 %;135,047/1,107,894) was almost double that of migrants (6.91 %;6,728/97,364). Higher copper intrauterine devices prescription rates were found in migrants (RR 1.53;95 %CI 1.45–1.61), whilst hormonal LARC rates were lower for migrants: levonorgestrel intrauterine device (RR 0.63;95 %CI 0.60–0.66), subdermal implant (RR 0.72;95 %CI 0.69–0.75), and progesterone-only injection (RR 0.35;95 %CI 0.34–0.36). InterpretationHealthcare resource use differs between migrant and non-migrant women of reproductive age. Opportunities identified for tailored interventions include access to primary care, LARCs, emergency contraception and cervical screening. An inclusive approach to examining health needs is essential to actualise sexual and reproductive health as a human right.

MIGRATION PROCESSES IN THE CONDITIONS OF TRANSITION TO THE DIGITAL ECONOMY

The article is devoted to the influence of digital technologies on migration processes. As well as forecasting migration processes, the authors consider digital technologies as a means of management and control. In addition, the article notes the role of digital technologies in ensuring and protecting the rights of migrants. The issues of introducing artificial intelligence into the implementation of migration policy are touched upon. There is special attention paid to the threats that digital technologies may pose to migrants and steps that can be taken to minimize these threats.

Protecting migrant children's well-being in Ecuador's public schools

Education plays a crucial role in the adaptation and broader societal inclusion of immigrant students and their families. The current study explored the inclusion of migrants in Ecuador's school system as a fundamental tenet of protecting their health and well-being. We conducted a thematic analysis of 13 policy documents, 12 national laws and international agreements, and 31 key informant interviews, applying a human rights lens. We find that, although the 2008 Ecuadorian Constitution and migration laws protect the right of migrants to health and education, key informants argue that these laws are poorly implemented. Furthermore, they agree that the health sector generally does not consider education as a relevant setting for health. In contrast, the public education sector and non-profit organizations at the national and local levels appear to recognize the importance of coordination across the health and education sectors, including school-based initiatives for migrant inclusion.

“Firewalls” and the Human Rights of Migrants

Resumen. El acceso de la población migrante a los servicios públicos, tales como salud, educación, sistema judicial y diversos otros, además de su garantía propiamente tal, requiere que dichos servicios no compartan la información sobre el status migratorio de las personas con las agencias policiales o migratorias. De este modo, las personas migrantes podrán acudir a los servicios públicos sin temor a ser detenidas o deportadas. Dichas prohibiciones de compartir información se denominan “barreras cortafuegos” y tienen sustento en los estándares internacionales de derechos humanos. Muchas ciudades de diferentes países (conocidas como “Ciudades Santuario”) han establecido tales barreras, aunque ellas continúan siendo excepcionales.

‘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.