The Economic, Social and Cultural Rights of Migrants in an Irregular Situation

The Economic, Social and Cultural Rights of Migrants in an Irregular Situation PDF

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher:

Published: 2014

Total Pages: 144

ISBN-13:

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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.

Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights

Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights PDF

Author: Ryszard Ignacy Cholewinski

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 88

ISBN-13: 9789287158796

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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.

Human Rights of Migrants in the 21st Century

Human Rights of Migrants in the 21st Century PDF

Author: Elspeth Guild

Publisher: Routledge

Published: 2017-08-24

Total Pages: 159

ISBN-13: 1351382799

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This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.

The fundamental rights of irregular migrants in the European Union

The fundamental rights of irregular migrants in the European Union PDF

Author: Alina Alexe

Publisher: GRIN Verlag

Published: 2017-03-24

Total Pages: 61

ISBN-13: 366842067X

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Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: merit, Queen Mary University of London (Law Department), course: LLM, language: English, abstract: This paper examines two fundamental social rights belonging to irregular migrants: the right to work and the right to healthcare. Even though there is a lack of specific legal provisions directly applicable to this social category, the general ones, such as the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Political Rights, also concern undocumented migrants. They are analyzed from general to particular taking into consideration broad terms such as “all”, ‘every”, “everyone”, which include the specific category of undocumented migrants. The existent case law, although characterized by scarcity because of the migrants’ fear of being deported when lodging claims in courts, emphasizes the fact that this social category also has rights and these rights are recognized and defended in national and European courts. The obstacles in accessing fundamental rights are also analyzed. The practical implications are taken into consideration. Ideas to improve the exercise of fundamental rights to work and healthcare by irregular migrants are suggested at the end of every chapter. Being human beings, they have the right to social protection regardless of their status.

Are Human Rights for Migrants?

Are Human Rights for Migrants? PDF

Author: Marie-Benedicte Dembour

Publisher: Routledge

Published: 2011-05-27

Total Pages: 265

ISBN-13: 1136700080

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Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.

Glossary on Migration

Glossary on Migration PDF

Author: International Organization for Migration

Publisher: UN

Published: 2004

Total Pages: 82

ISBN-13:

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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.

Towards a Systemic Theory of Irregular Migration

Towards a Systemic Theory of Irregular Migration PDF

Author: Gabriel Echeverría

Publisher: Springer Nature

Published: 2020-03-25

Total Pages: 251

ISBN-13: 3030409031

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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.

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