The Economic Social And Cultural Rights Of Migrants In An Irregular Situation
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| Author | : Ruth Rubio-Marín |
| Publisher | : OUP Oxford |
| Total Pages | : 336 |
| Release | : 2014-01-30 |
| Genre | : Law |
| ISBN | : 0191004499 |
Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.
| Author | : Ryszard Ignacy Cholewinski |
| Publisher | : Council of Europe |
| Total Pages | : 88 |
| Release | : 2005-01-01 |
| Genre | : Political Science |
| ISBN | : 9789287158796 |
This publication examines the minimum level of social rights which illegal migrants are entitled to in Council of Europe countries, as well as obstacles to access. This is done in the light of the Council of Europe's concern to promote human rights, maintain social cohesion and prevent racism and xenophobia, in counterbalance to the more restrictive approach to illegal migration adopted by the EU. Topics covered are rights in relation to housing, education, social security, health, social and welfare services, fair employment conditions and residence rights.
| Author | : Sarah Spencer |
| Publisher | : Springer Nature |
| Total Pages | : 222 |
| Release | : 2020-05-20 |
| Genre | : Social Science |
| ISBN | : 3030343243 |
This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.
| Author | : Reginald Thomas Appleyard |
| Publisher | : International Org. for Migration |
| Total Pages | : 160 |
| Release | : 2001 |
| Genre | : Political Science |
| ISBN | : |
| Author | : International Organization for Migration |
| Publisher | : UN |
| Total Pages | : 82 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : |
It is increasingly acknowledged that migration issues need a co-ordinated approach, with discussions being undertaken at bilateral levels, as well as at regional and global levels. This publication seeks to establish a common understanding about the terms and concepts used in the field of migration, in order to establish a useful tool to help further international cooperation on this topic.
| Author | : United Nations. Office of the High Commissioner for Human Rights |
| Publisher | : |
| Total Pages | : 144 |
| Release | : 2014 |
| Genre | : Business & Economics |
| ISBN | : |
This publication aims to fill a significant knowledge gap on the human rights of irregular migrants. It seeks to describe barriers faced by irregular migrants in the exercise of such fundamental rights as the right to health, to education, to an adequate standard of living, to social security, and to just and favourable conditions of work, as well as trends and national policies, highlighting where possible examples of promising practice from around the world. It also draws attention to the guidance provided by international human rights law as well as related legal frameworks such as international labour law, and provides key messages on a human rights-based response to irregular migration.
| Author | : Gabriel Echeverría |
| Publisher | : Springer Nature |
| Total Pages | : 251 |
| Release | : 2020-03-25 |
| Genre | : Social Science |
| ISBN | : 3030409031 |
This open access book provides an alternative theoretical framework of irregular migration that allows to overcome many of the contradictions and theoretical impasses displayed by the majority of approaches in current literature. The analytical framework allows moving from an interpretation biased by methodological nationalism, to a more general systemic interpretation. It explains irregular migration as a structural phenomenon or contemporary society, and why state policies are greatly ineffective in their attempt to control irregular migration. It also explains irregular migration as a diversified phenomenon that relates to the social characteristics of the context, and why states accept irregular migrants. By providing new comparative, empirical, qualitative material which allows to start filling an evident gap in the current research on irregular migration, this book is of interest to graduate students, scholars and policy makers.
| Author | : Ryszard Cholewinski |
| Publisher | : Cambridge University Press |
| Total Pages | : 499 |
| Release | : 2009-11-26 |
| Genre | : Political Science |
| ISBN | : 1139482092 |
The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
| Author | : Vincent Chetail |
| Publisher | : Oxford University Press |
| Total Pages | : 478 |
| Release | : 2019-03-29 |
| Genre | : Law |
| ISBN | : 019164546X |
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
| Author | : Ryszard Cholewinski |
| Publisher | : T.M.C. Asser Press |
| Total Pages | : 0 |
| Release | : 2014-10-30 |
| Genre | : Law |
| ISBN | : 9789067049467 |
FOREWORD The International Organization for Migration (IOM) is dedicated to promoting humane and orderly migration worldwide by serving the policy and programme needs of governments and migrants. The challenges of migration management reflect the contemporary challenges posed by migration itself, many of which can be turned into opportunities that can benefit countries of origin, countries of d- tination and migrants themselves. To be effectively managed, migration has to be looked at comprehensively, taking into account its economic, social, humanit- ian, demographic, development, security and normative aspects. The normative approach to migration can be viewed mainly from two dif ferent, but complementary angles. Firstly, there are the principles and standards deriving from State sovereignty, among which are the right to protect borders, to confer nationality, to admit and expel foreigners, to combat trafficking and smuggling and to safeguard national security. Secondly, there are the human rights of the persons involved in migration. These two elements constitute the main pillars of what is generally known and accepted today as ‘international migration law’.
