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Author: Penelope Mathew
Publisher: Routledge
ISBN: 041558079X
Category : Business & Economics
Languages : en
Pages : 234
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Book Description
This book examines the extent to which the right to work for refugees and asylum-seekers is protected by international human rights law. Work is central to durable solutions for refugees ' whether the solution is repatriation to the country of origin, local integration in a country of first asylum or resettlement in a third country. However, it is almost taboo to speak about the economic aspect of refugee-hood because governments often seek to discredit asylum-seekers as mere ' economic migrants' . Frequently, governments in developing...
Author: Penelope Mathew
Publisher: Routledge
ISBN: 041558079X
Category : Business & Economics
Languages : en
Pages : 234
Get Book Here
Book Description
This book examines the extent to which the right to work for refugees and asylum-seekers is protected by international human rights law. Work is central to durable solutions for refugees ' whether the solution is repatriation to the country of origin, local integration in a country of first asylum or resettlement in a third country. However, it is almost taboo to speak about the economic aspect of refugee-hood because governments often seek to discredit asylum-seekers as mere ' economic migrants' . Frequently, governments in developing...
Author: Penelope Mathew
Publisher: Routledge
ISBN: 1136299041
Category : Law
Languages : en
Pages : 234
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Book Description
Touching on the laws and practices of a wide array of countries around the globe, this book examines the extent to which refugees and asylum-seekers’ right to work is protected by international human rights law. The book examines a number of key international treaties, national constitutions and some foundational cases from national courts in order to make the case that the practise of restricting refugees and asylum-seekers access to the labour market is illegal. In so doing, the author examines some intricate legal questions, such as the interpretation of the Refugee Convention’s provisions restricting rights to refugees ‘lawfully staying’, the application of racial discrimination to citizenship distinctions, and the ways in which limitations on human rights are applicable in this context. The book also looks at some broader philosophical questions such as the meaning of equality and human dignity, and the legitimacy of the right to work. The book goes on to explore broader debates concerning migration and ‘open borders’ in order to unpack the fears that drive many countries’ restrictive measures. Readers are invited to consider whether the world would be a better place with more freedom of movement. It is a unique stand-alone treatment of the subject and includes the Michigan Guidelines on the Right to Work. Reworking the Relationship between Asylum-Seekers and Employment is written in an accessible style that will appeal to academics, policy-makers, practitioners and students. It combines a strong black-letter approach with a law in context approach that explains why the law takes its current shape and questions current orthodoxy.
Author: James C. Hathaway
Publisher: Cambridge University Press
ISBN: 1108495893
Category : Law
Languages : en
Pages : 1453
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Book Description
The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.
Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0192588338
Category : Law
Languages : en
Pages : 1337
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Book Description
The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.
Author: Alan Bogg
Publisher: Edward Elgar Publishing
ISBN: 1783471123
Category : Law
Languages : en
Pages : 600
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Book Description
Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
Author: Laurie Berg
Publisher: Routledge
ISBN: 1317617800
Category : Law
Languages : en
Pages : 364
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Book Description
Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.
Author: Eve Lester
Publisher: Cambridge University Press
ISBN: 1316805379
Category : Political Science
Languages : en
Pages : 390
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Book Description
The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.
Author: Andreas Zimmermann
Publisher: Oxford University Press
ISBN: 0192855115
Category :
Languages : en
Pages : 2033
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Book Description
The 1951 Refugee Convention and its 1967 Protocol are the cornerstones of international refugee law. This Commentary provides a systematic, article-by-article analysis of their provisions in addition to crosscutting thematic chapters. The Commentary is an indispensable tool for lawyers, decision-makers, and academics.
Author: Cathryn Costello
Publisher: OUP Oxford
ISBN: 0191023523
Category : Law
Languages : en
Pages : 557
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Book Description
There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
Author: Ramírez Bolívar, Lucía
Publisher: Djusticia
ISBN: 6287517204
Category : Law
Languages : en
Pages : 190
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Book Description
Migration and Decent Work: Challenges for the Global South takes a journey through nine countries in the global South—from Mexico to India to Argentina to Turkey—to explore the relationship between migration and work from a human rights perspective. Labor insertion is one of the most effective forms of integration because it allows migrants and refugees to enjoy more dignified living conditions, to contribute to the development of host communities, and to build relationships with the local population. But ensuring the right to work is a challenge for countries in the global South that have weak or developing economies and problems with job creation, which can force many people—not just migrants—to engage in precarious work and put themselves at risk of labor exploitation. Under these circumstances, advocating for migrants’ and refugees’ right to work is more urgent than ever. The recognition of decent work as a human right means that states may not pursue economic growth at the expense of the exploitation of migrants and refugees, but instead must seek to ensure opportunities and prosperity for all. In this regard, it is critical to foster discussions, such as the ones featured in this book, that facilitate the sharing of experiences and lessons learned on the labor conditions of migrants and refugees. The authors of the nine chapters in Migration and Decent Work are activists, academics, and members of civil society who have worked on the issue of migration from different angles and who address the challenge of migrants’ labor inclusion from an interdisciplinary and rights-based perspective. Their contributions offer an overview of migrants’ and refugees’ right to work in a range of countries in the global South based on an analysis of local contexts, public policies, and the everyday realities faced by these workers. In addition to offering local and global recommendations for ensuring the right to decent work for migrants and refugees, this book seeks to strengthen the human rights movement through collaboration and the sharing of experiences. The diversity of voices featured here offers a look at migration based on and intended for the global South. La diversidad de voces que reúne ofrece una mirada de la migración desde y para el Sur Global
