The subject that is briefly analyzed below; the rights of migrant workers from the perspective of international organizations or in other words from the perspective of international documents adopted by international organizations, especially the United Nations and the International Labor Organization.
Definition of the migrant worker and its types
To analyze the above-mentioned issue; It is necessary to provide a brief definition of the migrant worker; immigrant worker is a person who immigrated to his or her own country or abroad to work in jobs such as seasonal work. What is certain, Immigrant workers usually do not work permanently in one region or country? Immigrant workers who work outside their borders, May be employed as a foreign worker or a migrant worker, especially when they received an invitation from the host country before leaving the country. Of course by definition Article 11 of Protocol No. 97 and 143 (Which have been studied in future discussions) from of immigrant worker; There are people who intend to hire for a specific job And not employed as a Self-employed They go from country to country And are legally accepted And include frontier workers with short-term entry and stay, Free business owners And the artist And the sailors, people for the purpose of education and staff of organizations And factories don't. Obviously these groups, they are out of the immigrant working class.
In any case, migrant workers legally (ie; having legal documents and permits in the country of residence) or illegally (that is, enter the country of destination without observing the legal arrangements and secretly without a visa), Divided.
It should be noted that Concept Illegal immigrant worker it is different from refugee. In fact, the refugee cannot live in peace and security in his country for various religious, political, social and other reasons and fearing for his life, he is forced to migrate and live in the country of destination as a refugee.
All kinds of countries According to the concept of immigrant
Countries can be countries of origin (a country where the migrant worker is a national of the country and may be an opportunity or immigrant in the category of immigrant countries) and the destination country (a country where migrant workers have chosen to get a job) Divided.
Types of support
Concerning the types of support provided by international law and the collection of transnational documents migrating from the worker, the following can be mentioned:
A. Human rights protection: When it comes to human rights protection, it is the sum of the rights and freedoms that all human beings enjoy simply because of being human. These rights, which do not depend on any religion, geography, culture, economic and social system, etc., also include migrant workers.
B. The rights of immigrant workers in international law:
1- United Nations Charter adopted in 1945; In Article 1 thereof; it addresses the purposes and purposes of the United Nations in four sections and in promoting and promoting respect for human rights and fundamental freedoms in paragraph 3, It has dealt with gender, language and religion for all without discrimination.
2- The Universal Declaration of Human Rights, 1948; The Universal declaration mentioned above, As the most important international human rights document, they contain the most fundamental and fundamental foundations of human rights and that other international instruments are based on the legal principles set forth in that Statute and Have been approved. The document sets out a set of fundamental human rights that includes immigrant workers.
3- International Covenant on Economic, Social and Cultural Rights adopted by the UN General Assembly in 1966; Listed in Article 2, that governments are required to act in accordance with the Charter of the United Nations to promote universal and effective respect for human rights and freedoms. and in this regard, human rights must be guaranteed without any discrimination on the basis of race, sex, religion, opinion, etc. finally, it encourages governments to pursue these goals.
4- International Covenant on Civil Political Rights adopted by the UN General Assembly in 1966; in document also stipulated under paragraph 1 of Article 2; governments have pledged themselves to this covenant to respect and guarantee the rights recognized in the Covenant in respect of all persons residing in their territory and under the sovereignty of all persons without distinction in any respect.
5- International Convention on the Elimination of All Forms of Racial discrimination adopted by the UN General Assembly in 1965; this document defines racial discrimination (Article 1), which obviously exposes the migrant worker to multiple discrimination and the provisions of this Convention can provide grounds for their protection.
6- Convention against Torture, Cruel and inhuman treatment approved by the 1984 General Assembly of the United Nations; It also refers to the inhumane inhuman treatment of every person obviously one of the persons supported by the above document is migrant workers.
7- Convention on the Rights of the Child adopted at the 1989 United Nations General Assembly; In addition to the emphasis on the prohibition of child trafficking, pornography and prostitution of, it also deals with illegal child laborers. In fact, this document can greatly help the immigrant worker through the illegality of child laborer (illegal immigrant).
8- Convention on the Elimination of All Forms of Discrimination against Women adopted by the 1979 General Assembly of the United Nations; the main task of this Convention is to eliminate all forms of discrimination against women. It is clear that about half of all migrant workers are women, and this can be an effective step by eliminating or reducing discrimination against them.
Tip: "It should be noted that there is no explicit and collective rule among the above-mentioned sources regarding immigrant labor. However, some of the rules and regulations applicable to immigrant labor rights can also be found in the generality of these rules. The following is a reference to documents that explicitly set out certain rules regarding migrant workers."
Other International Documents: Protocols and Recommendations:
- Protocol No. 97 of 1949 to the International Labor Organization on Migration for Employment; Approved to facilitate the movement of surplus labor from the European continent to other parts of the world. The Convention also defines migrant workers, Seeks employment in Article 11 (1) and its provisions specifically deal with legal immigrant workers. Meanwhile, Iran has signed it but has not yet ratified it.
- Protocol No.143 as additional Rules for Migrant Workers Adopted by the General Conference of the International Labor Organization in June 1975; (This document protects legal immigrant workers, but in Articles 1-9 it also protects at least the rights of illegal immigrant workers to receive prior employment benefits.)
- Recommendation No. 86 of the International Labor Organization in June 1949; as a supplement to Protocol No. 97 cited above that the practical solution to the employment of a migrant worker expresses the subject of Convention No. 97.
- Recommendation No. 100, Which also supports immigrant labor in underdeveloped countries, approved by the International Labor Organization in 1955.
- can also refer to Recommendation No. 151 on the interests of workers in foreign countries. This Recommendation was actually adopted by the International Labor Organization in 1975 for the implementation of the 143 above mentioned Convention.
Responsibilities of Origin and Destination Governments
A) The responsibility of the originating countries towards migrant workers; Which include the following:
- Ensuring the right of adequate progress for the migrant worker,
- providing information to the migrant worker during the immigration process,
- monitoring regulations employment agencies and business providers,
- Workplace Safety,
- providing consular services to migrant workers,
- Harmonization of national laws the main astadndarhay the ILO,
- Adopt appropriate and systematic regulations for the possibility of returning migrants to the country of origin.
B) Obligations of destination governments:
- Ensure access to adequate employment and wages;
- The establishment of international standard employment contracts for migrant workers;
- Creating labor organizations for group talks with migrant workers; the aim is to guarantee the fundamental rights of the worker,
- The right to have a passport, work and personal documents,
- Prohibition Seizure of documents,
- Freedom of movement in the country of destination,
- Possibility to get a driver's license
- Accommodation facilities;
- Prohibition of deportation and to protection against unemployment,
- Management and support of family humanitarian and human rights (spouse and children) immigrant worker,
- applying various policies to eliminate discrimination against migrant workers,
- Dealing with health and safety,
- Migrant workers access to legal and penal systems and related administrative tasks,
- observing non-discriminatory law in the process of investigating crimes and their violations,
- Respect for religious and religious activities,
- The right to own movable and immovable property
MNA/TT
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