The starting point in exploring possible linkages between migration and democratisation in this paper is the role of collective organisations in influencing and changing the direction and practice of ...political activism aimed at advancing the rights of migrants as foreign workers. Given the specific context of my discussion being temporary contract migration— the predominant form of (legal) economic migration in Asia today—taking a transnational perspective that links origin and destination countries is paramount, as the problem issues these contract migrants face occur at both 'ends' of the migration journey, often simultaneously. I develop a reconputalisation of the notion of 'political remittances' to analyse political activism via collective organisations that operate across borders. In doing so, I raise the question whether this activism contributes to the transnationalisation of migrant rights—a specific form of political remittances. In conclusion, I argue that the analysis and theorisation of political remittances aimed at furthering solidarity among workers and democratising of labour and human relations needs to be situated within a multi-sited landscape of collective organisations and the networks between them.
This article identifies and explores the dilemma of migrant advocacy in advanced industrial democracies, focusing specifically on the contemporary United States. On the one hand, universal norms such ...as human rights, which are theoretically well suited to advancing migrants' claims, may have little resonance within national settings. On the other hand, the debates around which immigration arguments typically turn, and the terrain on which advocates must fight, derive their values and assumptions from a nation-state framework that is self-limiting. The article analyzes the limits of human rights arguments, discusses the pitfalls of engaging in national policy debates, and details the challenges for advocates of advancing the cause of policy reform and shifting the frame for thinking about migration over the long term.
This article analyses Australia's primary temporary employment visa - the 457 visa programme - through the lens of Ruhs' "price of rights" thesis. Ruhs has argued that a trade-off exists between the ...openness of labour migration and the rights afforded to migrants. The 457 visa programme provides a single case example to analyse Ruhs' theory. The analysis finds that the 457 visa programme provides a level of support for the "price of rights" thesis. However, minor methodological issues arise, demonstrating the need for further exploration of this important migration topic.
This paper explores the impacts of the rights of migrant workers ('migrant rights') on the human development of actual and potential migrants, their families, and other people in migrants' countries ...of origin. A key feature of the paper is its consideration of how migrant rights affect both the capability to move and work in higher income countries (i.e. the access of workers in low-income countries to labor markets of higher-income countries) and capabilities while living and working abroad. The paper suggests that there may be a trade-off between the number and some of the socio-economic rights of low-skilled migrant workers admitted to high-income countries, and explores the implications for human development.
Background Undocumented migrants’ access to health care varies across Europe, and entitlements on national levels are often at odds with the rights stated in international human rights law. The aim ...of this study is to address undocumented migrants’ access to health care in Denmark, Sweden, and the Netherlands from a human rights perspective. Methods Based on desk research in October 2011, we identified national laws, policies, peer- reviewed studies, and grey literature concerning undocumented migrants’ access to health care in the three involved countries. Through treaties and related explana- tory documents from the United Nations and the Council of Europe, we identified relevant international laws concerning the right to health and the rights of different groups of undocumented migrants. A synopsis of these laws is included in the analysis of the three countries. Results Undocumented migrants in Denmark have the right to emergency care, while addition- al care is restricted and may be subject to payment. Undocumented migrants in Sweden have the right to emergency care only. There is an exception made for former asylum- seeking children, who have the same rights as Swedish citizens. In the Netherlands, undocumented migrants have greater entitlements and have access to primary, second- ary and tertiary care, although shortcomings remain. All three countries have ratified international human rights treaties that include right of access to health care services. We identified international treaties from the United Nations and the Council of Europe that recognize a right to health for undocumented migrants and embrace gov- ernmental obligations to ensure the availability, accessibility, acceptability, and quality of health services, in particular for specific groups such as women and children. Conclusion In the Netherlands, undocumented migrants’ right to health care is largely acknowl- edged, while in Denmark and Sweden, there are more restrictions on access. This reveals major discrepancies in relation to international human rights law.
The article deals with issues of migration and migrant rights in Germany. Even if many scholars have elucidated with convincing clarity that Western nation-states can improve migrants' rights due to ...the autonomy of the legal system, this paper's focus is to point out the vulnerability of that legal process. The political and judicial regulation of migration in Germany over the last forty years shows that the discretionary power of the authorities regarding non-nationals is much stronger than for nationals. And because of the transformation of the former welfare states into 'competition states', migration policies are now likely to be subsumed under the principle of competitive advantage. In this study I reaffirm that the judicial improvement of migrant rights should be primarily understood in terms of the nation-state, and refer to general political and economic conditions that the courts can not (or will not) disregard in their decision-making process.
A Stable Yet Fragile System? Stern, Rebecca Thorburn
Migrants' Rights, Populism and Legal Resilience in Europe,
05/2022
Book Chapter
Odprti dostop
This chapter investigates the role of ‘crisis’ narratives in the incremental undermining of migrants’ rights. It argues that the right-wing populist politics of Sweden Democrats, not least in their ...narrative of migration as a ‘crisis’, have had a considerable impact on migration discourse and policy in Sweden. As radical-right ideas have become normalized, limitations on migrant rights appear to be regarded as much less problematic by mainstream political parties. At the same time, the Swedish constitutional system promotes a set of core values that, taken together, provide for legal resilience. Although there are weaknesses built into the system, such as the relatively limited system of judicial review and the limited scope of fundamental rights included in the Constitution, core values such as independence of the administration and transparency of the legislative process are powerful tools to prevent anti-democratic and anti-pluralist parties from pushing through their ideas. It is thus suggested that the inherent inertia of the administrative system and the legislative process is a key element of legal resilience against rights erosion, for migrants as well as for other vulnerable groups.
The chapter is organized around three main themes. First, it traces concepts of control and dominance in migration studies, examining cultural‐geographic approaches to political‐economic structures, ...state policies, labor markets, and the securitization practices and disciplinary discourses that underpin heightened surveillance and everyday policing of migrants. Second, the chapter focuses on subjectivities and the ways migrants as embodied subjects work out their social locations in socio‐spatial terms – themes illustrated here with examples of migration research on religion and “intimate labor.” Third, the chapter explores cultural migration scholarship in terms of geographies of immigrant justice. Drawing inspiration from the work of migrant‐rights activists, the author outlines some practices already under way that offer promising directions for future migration research and advocacy. Across these themes, this chapter pays special attention to feminist migration scholarship, which is vital to breaking new ground in the conceptualization of each organizing concept.
Extended description:
Over the last two years there has only been one prosecution from almost 300 employers who were found to be paying their workers below the minimum wage.
Senator Alan Kelly, ...Labour party, says that there is no deterrent so employers who think they can get away with paying below minimum wage will do just that.
Reporter Adrian Lydon explains that the minimum wage is supposed to reduce exploitation and ensure that workers can afford what are considered the basic necessities. The minimum wage of €8.35 per hour is enshrined in Irish law, but employers who ignore it are not being punished. Despite an increase in the number of inspectors, there were over 250 fewer workplace inspections last year than there were compared to 2006. Lydon points out that it is immigrants who face most exploitation especially those working in the catering, agriculture and domestic sectors.
Bill Abom, from the Migrant Rights Centre Ireland, describes a case of one worker who worked 60 hours a week for a take-home pay of just €50. A spokesman for the national employment rights authority who carry out the inspections said that in the majority of cases employers rectify the breaches and pay arrears due to employees without prosecution.
Immigrant groups argue that this is not good enough and are calling for greater prosecutions and the naming and shaming of employers in breach of the law.
Information:
A RTÉ News report by Adrian Lydon from 14 February 2008.
The report examines breaches in the minimum wage law and how these affect immigrants specifically.
Immigrant groups are calling for more prosecutions and the naming and shaming of employers who are paying their staff below the minimum wage.
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