Ryszard Cholewinski - Böcker

Migrant workers and their families outnumber refugees and displaced persons, but are given far less attention when it comes to the international protection of their rights. Indeed, to be an economic migrant today carries with it a stigma in a word where barriers to voluntary international migration are growing ever higher. This timely work evaluates the international protection of the rights of migrant workers and their families in countries of employment focusing on their economic, social, cultural, political, and residence rights. The book begins with an overview of international labour migration and its relationship to the right to development. It examines the rights of migrant workers as aliens in general international human rights law as well as the specific efforts and measures of the International Labour Organization and the United Nations. The final part contains a comprehensive case study of the multifarious standards adopted under the auspices of the Council of Europe and the European Union to protect this increasingly vulnerable group of human beings.

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.

The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration - and especially migrants' rights - remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.

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.