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This book examines the plight of migrant workers and their families in countries of employment, and the protection which they receive under international human rights law. It focuses on their economic, social, cultural, political and residence rights, and also contains a detailed case-study on their legal situation in Europe.
With a Foreword by Brunson McKinley, Director General of the
International Organization for Migration (IOM) This book
encapsulates the law of international migration by examining
developments first addressed in the volume on Migration and
International Legal Norms (edited by T.A. Aleinikoff and V.
Chetail; T.M.C. Asser Press 2003) and by discussing wholly new
themes. In this regard, the book considers emerging issues, such as
the challenges posed by migration to State sovereignty and the
protection of human rights as a result of the increasing tensions
between anti-terrorism or security legislation and immigration
measures, the impact of the use of biometrics technology (e.g.
fingerprinting) to identify and better monitor international
movements of persons, and enhanced cooperation on the European
Union external border. The human rights of vulnerable groups of
migrants, such as migrant workers, women, victims of trafficking,
and stateless persons are also examined. The issue of forced
migration warrants a consideration of the international migration
law relating to groups such as internally displaced persons, as
well as the international community's response to secondary
movements of asylum-seekers. Questions of state responsibility
concerning, for example, stranded migrants and provision of
consular protection and assistance to migrants are also discussed.
Moreover, the expansion of regional legal frameworks concerned with
migration, such as EU immigration and asylum law and policy and the
growing case law on European citizenship, as well as developments
in free movement regimes in Africa, the Americas and the Caribbean,
are added to the analysis of the growing body of international
migration law. A range of persons from international organizations,
legal practice and academia with expertise in International
Migration Law have contributed to this volume, which is aimed at a
broad audience, including policy makers, academics, researchers,
postgraduate students, legal practitioners, civil society
representatives and journalists. Ryszard Cholewinski is Labour
Migration Specialist in the Migration Policy, Research and
Communications Department of IOM, the International Organization
for Migration, in Geneva. In the same organization, Richard
Perruchoud is Director of the International Migration Law and Legal
Affairs Department. Euan MacDonald holds a PhD in public
international law from the European University Institute in
Florence.
The United Nations Convention on the Protection of the Rights of
All Migrant Workers and Members of their Families is the most
comprehensive international treaty in the field of migration and
human rights. It sets a worldwide standard in terms of migrants'
access to fundamental human rights, at a time when the number of
migrants is on the rise and evidence regarding human rights abuses
in relation to migration increases. Yet, since the Convention
entered into force in 2003 only 35 states have ratified it, and no
major country involved in immigration as done so. This volume
coordinated by UNESCO provides in depth information on the
Convention and on the reasons behind states' reluctance to ratify
the Convention.The first part documents the history, content and
scope of the Convention and features chapters by those directly
involved in drafting and implementing the Convention, including
international civil servants and human rights activists. The second
part provides case studies focusing on the countries across the
world which receive the most immigrants, and explores the situation
in terms of migrants' rights and the obstacles to, and prospects
for states' ratification of the treaty.
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