CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE HUMAN RIGHTS OF MIGRANT WORKERS IN THE CONTEXT … States shall secure the rights and freedoms defined in the European Convention on Human Rights “to everyone within their jurisdiction” (Article 1, ECHR) Introduction Migration 1 as a phenomenon has always existed. The contemporary form of international migration 2 tends to be perceived primarily in development terms, 3 as a response to the economic asymmetry in income levels and employment opportunities between countries. Until the late 1980s, migrants were not the primary focus of human rights standard- setting. Before migration patterns changed, most migration of labour occurred through regulated, legal channels, on the basis of bilateral agreements, and migrants were often able to rely on their home countries for consular assistance. 4 This marginalisation was reinforced by the language of human rights law – rules of universal application which neither name migrants, nor make explicit provision for their protection. 5 Then, as the character of human mobility has become increasingly global and frequent, resulting in rising migrant numbers, often moving irregularly, and to evidence of human rights abuse during the migration cycle, migrants were identified as a vulnerable group and brought within the human rights mainstream. 6 Definitions and Their Consequences There is no internationally accepted definition of international migration. Usually, it is understood as the movement of persons who leave their country of usual residence to establish themselves, either permanently or temporarily, in another country. An international border is therefore crossed. The concept of extraneity (foreign character) is central in defining international migration. Labour migration has both a broader and a more restrictive definition. In the broadest sense, labour migration includes all foreigners who are currently in the global labour force, including refugees and family members of migrants admitted for the purpose of employment. In a more restrictive sense, labour migration includes only those who entered a country for the explicit purpose of employment (regular or irregular migrants). The main actors in labour migration are migrant workers. When analysing the consequences of migration, who counts as a migrant is of central importance. The process of the further definition of the term, “migrant”, confronts the immediate difficulty of a plurality of existing definitions of the term “migrant” combined with the absence of consensus with regard to which of these represents the correct interpretation. 1 The term “migration” in this article is limited to the phenomenon of labour migration. 2 The number of international migrants worldwide has continued to grow rapidly in recent years, reaching 258 million in 2017, up from 248 million in 2015, 220 million in 2010, 191 million in 2005, 173 million in 2000 and 75 million in 1960. See United Nations International Migration Report , 2017. 3 Although the economic asymmetry is an underlying factor in all types of migration, the 2015-2016 “refugee crisis” generated an unprecedented influx of refugees and migrants. 4 The Human Rights of Irregular Migrants in Europe , Commissioner for Human Rights, Council of Europe, CommDH/IssuePaper (2007)1, p. 11.

5 Ibidem. 6 Ibidem.

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