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A Human Rights Based Approach to Issues Concerning Migration

A Human Rights Based Approach to Issues Concerning Migration. Professor Joshua Castellino, Professor of Law & Head of the Law Department, Middlesex University, London. Structure. The Concept of ‘the Excluded’ The State and Migration The Challenge for Human Rights Law

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A Human Rights Based Approach to Issues Concerning Migration

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  1. A Human Rights Based Approach to Issues Concerning Migration Professor Joshua Castellino, Professor of Law & Head of the Law Department, Middlesex University, London

  2. Structure • The Concept of ‘the Excluded’ • The State and Migration • The Challenge for Human Rights Law • The Migrant Workers’ Convention • A Human Rights Based Model

  3. The Excluded & the Law • Historical Precedent: • Slavery • Colonisation • Nomadism & Indigenous Peoples • (Ir)regular Migrants • Language • Threat • Policies

  4. The State and Migration • Protection of Labour Markets • Protection of ‘National’ Identity • Protection of ‘Law & Order’ • ‘Overpopulation’ • Filling Short-Term Labour Gaps

  5. The Challenge for Human Rights Law • The inherent dignity and worth of all • Overcoming the Impact of the Security Debate • Determining the nature of rights/entitlements • Designing Appropriate Legislation (International/Regional/National)

  6. International Law & Non-Citizens • Migration for Employment, 1952 • Convention on the Nationality of Married Women, 1958 • Vienna Convention on Consular Relations, 1967 • Convention on the Reduction of Statelessness, 1975 • Declaration on the Human Rights of Individuals who are not Nationals of the Country in which they live, 1985 • Principles and Guidelines on Human Rights & Trafficking, 2002

  7. Precedent on Migrant Workers Rights: ILO standards • Convention Concerning Migration for Employment (No. 97) • Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (No.143) • Recommendation concerning Migration for Employment (No. 86), • Recommendation concerning Migrant Workers (No.151), • Convention concerning Forced or Compulsory Labour (No. 29) • Convention concerning Abolition of Forced Labour (No. 105),

  8. The Migrant Workers Convention • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, G.A. res. 45/158, annex, 45 U.N. GAOR Supp. (No. 49A) at 262, U.N. Doc. A/45/49 (1990), entered into force 1 July 2003. • 42 state parties - Argentina, Algeria, Azerbaijan, Belize, Bolivia, Bosnia and Herzegovina, Burkina Faso, Cape Verde, Chile, Colombia, East Timor, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Honduras, Kyrgyzstan, Lesotho, Libya, Mali, Mauritania, Mexico, Morocco, Nicaragua, Peru, Philippines, Senegal, Seychelles, Sri Lanka, Syria, Tajikistan, Turkey, Uganda and Uruguay

  9. Migrant Workers Convention • Scope (Article 1) • All migrant workers and their families • Through the entire migration process • …a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national (Definition article 2(1))

  10. Migrant Workers Convention • Principle of Non-Discrimination (Art.7) • Explicit Human Rights (arts.8-35) • Documented Migrant Workers (arts. 36-56) • Specific Provisions for Named Categories of Workers (arts. 57-63) • Living and Working Conditions (arts. 64-71)

  11. Committee on Migrant Workers • Composition • Mandate • Implementation • Monitoring • Censure

  12. A Human Rights Based Model for the Protection of Migrant Workers • Individual rights based (with community focus) • Indivisible human rights • Provision of adequate remedies • Opportunities for integration • Respect for cultural values

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