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Migrant Domestic Workers in Europe: Law and the Construction of Vulnerability
by Vera PavlouThis book explores the often neglected, but overwhelmingly common, everyday vulnerability of those who support the smooth functioning of contemporary societies: paid domestic workers. With a focus on the multiple disadvantages these – often migrant – workers face when working and living in Europe, the book investigates the role of law in producing, reinforcing – or, alternatively, attenuating – vulnerability to exploitation. It departs from approaches that focus on extreme abuse such as 'modern' slavery or trafficking, to consider the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes. The book, therefore, examines issues such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work. The complex legal regimes regulating migrant domestic labour in Europe include migration and labour law sources at different levels: international, national and, as this book demonstrates, also EU. With an innovative lens that combines national, comparative, and multilevel analysis, this book opens up space for transformative legal change for migrant domestic workers in Europe and beyond.
Migrant Farmworkers in 'Plastic Factories’: Investigating Work-Life Struggles
by Valeria PiroThis book provides a fine-grained ethnographic examination of the everyday negotiations and conflicts taking place in greenhouses and packinghouses in an agricultural district in south-eastern Italy (Sicily). In a highly competitive global scenario, driven by multinational corporations and large retailers, small and medium-sized farms largely rely on migrant labour to fill their demand for casualized, flexible and low-paid jobs. By taking the reader into the ‘plastic factories’ where the author was hired as a farmworker, this book sheds light on the struggles – around the employment contract, the wage and the body – which take place every day between employers and employees. The book contributes to broadening the understanding of the dynamics innervating food production worldwide by recognizing the pivotal role of migrant labour not only as a factor in the restructuring of global supply chains, but also as an actor shaping these processes through its own unpredictable strategies.
Migrant Labour and the Reshaping of Employment Law
by Bernard Ryan and Rebecca ZahnThe presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law – including the law relating to collective bargaining, and remedies against exploitation.
Migrant Labour and the Reshaping of Employment Law
The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law – including the law relating to collective bargaining, and remedies against exploitation.
Migrant Rights at Work: Law's precariousness at the intersection of immigration and labour (Routledge Research in Asylum, Migration and Refugee Law)
by Laurie BergPublic 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.
Migrant Rights at Work: Law's precariousness at the intersection of immigration and labour (Routledge Research in Asylum, Migration and Refugee Law)
by Laurie BergPublic 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.
Migrants: The Story of Us All
by Sam MillerMigrants cuts through the toxic debates to tell the rich and collective stories of humankind's urge to move.'Fascinating... Miller's perspective may be just what we need' Daily Telegraph'Timely and empathetic: a rare combination on this most controversial issue' Remi Adekoya, author of Biracial Britain'Tremendous: blends the personal and the panoramic to great effect' Robert Winder, author of Bloody ForeignersHumans are, in fundamental ways, a migratory species, more so than any other land mammal. For most of our existence , we were all nomads, and some of us still are. Houses and permanent settlements are a relatively late development - dating back little more than twelve thousand years. Borders and passports are much more recent. From the Neanderthals, Alexander the Great, Christopher Columbus and Pocahontas to the African slave trade, Fu Manchu, and Barack Obama, Migrants shows us that it is only by understanding how migration and migrants have been viewed in the past, that we can re-set the terms of the modern-day debate about migration.Migrants presents us with an alternative history of the world, in which migration is restored to the heart of the human story. And in which humans migrate for a wide range of reasons: not just because of civil war, or poverty or climate change but also out of curiosity and a sense of adventure. On arrival, migrants are expected both to assimilate and encouraged to remain distinctive; to defend their heritage and adopt a new one. They are sub-human and super-human; romanticised and castigated, admired and abhorred. Migrants tells us that this is not a new narrative; this is the history of us all, part of everybody's backstory - for those who consider themselves migrants and those who do not.
Migrants and Rights (The International Library of Essays on Rights)
by Mary CrockThe concept of the migrant as rights bearer at law is surprisingly recent and under-developed. Migrants have traditionally been seen as outsiders, persons who are in society but not yet of society. Migrants are at best invitees, ’guests’ for whom presence in a country is a privilege. This is the first of two volumes which bring together writings which trace the evolution in thinking about migrants as legal subjects and rights holders. The articles cover: issues around state sovereignty and migrants as subjects of international law; the articulation of rights; different categories of migrants; issues around health and disability. The volume also features an extended article on the proposal for an International Migrants’ Bill of Rights (IMBR) put forward by an international consortium of academics and students. A related volume Refugees and Rights is also published as part of the series.
Migrants and Rights (The International Library of Essays on Rights)
by Mary CrockThe concept of the migrant as rights bearer at law is surprisingly recent and under-developed. Migrants have traditionally been seen as outsiders, persons who are in society but not yet of society. Migrants are at best invitees, ’guests’ for whom presence in a country is a privilege. This is the first of two volumes which bring together writings which trace the evolution in thinking about migrants as legal subjects and rights holders. The articles cover: issues around state sovereignty and migrants as subjects of international law; the articulation of rights; different categories of migrants; issues around health and disability. The volume also features an extended article on the proposal for an International Migrants’ Bill of Rights (IMBR) put forward by an international consortium of academics and students. A related volume Refugees and Rights is also published as part of the series.
Migrants and the Courts: A Century of Trial and Error? (Law and Migration)
by Geoffrey CareWritten in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Migrants and the Courts: A Century of Trial and Error? (Law and Migration)
by Geoffrey CareWritten in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Migrants at Work: Immigration and Vulnerability in Labour Law
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.
Migrants, Ethnic Minorities and the Labour Market: Integration and Exclusion in Europe (Migration, Minorities and Citizenship)
by John Wrench Andrea Rea Nouria OualiThis book examines racial and ethnic discrimination in the labour markets and workplaces of western Europe. Scholars from ten different countries set out the experience and implications of this exclusion for two main groups: the more established second and third generations of postwar migrant descent, and the 'new' migrants, including seasonal and undocumented workers and refugees, who are vulnerable to extreme exploitation and unregulated working environments. The book finishes by addressing the implications of these issues for trade unions and employers in Europe.
Migrants or Expatriates?: Americans in Europe (Migration, Diasporas and Citizenship)
by Amanda Klekowski von KoppenfelsThis book examines the migration, integration and transnational activity of overseas Americans – American migrants – in France, Germany and the UK. It examines the reasons for their migration, introduces the concept of 'accidental migrant' and explores the question of overseas Americans' integration and identity formation.
Migrants' Participation in Exclusionary Contexts: From Subcultures to Radicalization
by K. PilatiThis insightful book analyzes the political engagement and marginalization of three of Milan's migrant groups, Filipinos, Egyptians and Ecuadorians. Bringing together data relating to the civic and political engagement of individual migrants, and of migrant organizational networks, the result is an examination of the consequences of the political exclusion of migrants, exploring the different ways in which they cope with this predicament. Such exclusion, the author argues, has three major impacts. It can transform migrant groups into political subcultures and engender externally-driven participation, but it can also lead to radicalization.
Migrants, Refugees and Asylum Seekers’ Integration in European Labour Markets: A Comparative Approach on Legal Barriers and Enablers (IMISCOE Research Series)
by Simone Baglioni Veronica FedericoThis open access book discusses how, and to what extent, the legal and institutional regimes and the socio-cultural environments of a range of European countries (the Czech Republic, Denmark, Finland, Greece, Italy, Switzerland and the UK), in the framework of EU laws and policies, have a beneficial or negative impact on the effective capacity of these countries to integrate migrants, refugees and asylum seekers into their labour markets. The analysis builds on the understanding of socio-cultural, institutional and legal factors as “barriers” or “enablers”; elements that may facilitate or obstruct the integration processes. The book examines the two dimensions of integration being access to the labour market (which, translated into a rights language means the right to work) with its corollaries (recognition of qualifications, vocational training, etc.), and non-discriminatory working conditions (which, translated into a rights language means right to both formal and substantial equality) and its corollaries of benefits and duties deriving from joining the labour market. It thereby offers a novel approach to labour market integration and migration/asylum issues given its focus on legal aspects, which includes most recent policy changes and legal decisions (including litigation cases). The robust, evidence-based and comparative research illustrated in the book provides academics and students, but also practitioners and policy makers, with up to date knowledge that will likely impact positively on policy changes needed to better address integration conundrums.
The Migration Acquisition Handbook:The Foundation for a Common European Migration Policy
by Peter Van KriekenEurope has finally started to debate migration. A timely debate indeed, as many migrants have over the last 30 years entered the European Union without the cover of a proper and well-defined policy. The Migration Acquis Handbook (a companion to The Asylum Acquis Handbook) describes and provides the foundation for a common European Migration Policy. It provides an overview of EU instruments in an accessible and transparent manner, pays due attention to EC Commissioner Vitorino’s communication on migration and his call for a debate; reproduces relevant non-European international (UN) instruments; moreover includes an overview of the context and contents of the most hotly-contested issues: ageing and demography, globalization, illegal migration, trafficking and family reunification. This handbook should be considered an extremely useful tool, if not indispensable, for the executive, students, policy makers, the media and all others interested in this exceedingly important topic. Dr Van Kriekenis actively involved in European migration, refugee and asylum policy issues under CIREA, Phare assessment missions and related Twinning, Odysseus and Horizontal Programmes
Migration, Agency and Citizenship in Sex Trafficking (Migration, Minorities and Citizenship)
by R. AndrijasevicProviding a new perspective on migration and sex work in Europe, this book is based on interviews with migrant women in the sex sector. It brings together issues of migration, labour and political subjectivity in order to refocus scholarly and policy agenda away from sex slavery and organized crime, towards agency and citizenship.
Migration and Domestic Work: The Collective Organisation of Women and their Voices from the City
by Gaye Yilmaz Sue LedwithWith female migrants dominating low paid and ever-expanding domestic work worldwide, this book brings together the voices of 120 migrating women of 28 national identities and 10 different religious affiliations. Together they tell how patriarchal and religious gender codes in the family and at work shape their new lives in London, Berlin and Istanbul. Through their own accounts, the study explores the intersecting multiple and gendered identities women carry from their home countries and how these are reshaped, challenged, changed, or not, as they encounter different structures, traditions and cultural codes in their new countries. With women’s propensity for collective organising, whether via community, social movements or trade unions as a central theme, the authors also bring together issues of migration, work and identity with trade union and community organizing. Migration and Domestic Work is an important source for scholars and practitioners in each of these fields.
Migration and Domestic Work: The Collective Organisation of Women and their Voices from the City
by Gaye Yilmaz Sue LedwithWith female migrants dominating low paid and ever-expanding domestic work worldwide, this book brings together the voices of 120 migrating women of 28 national identities and 10 different religious affiliations. Together they tell how patriarchal and religious gender codes in the family and at work shape their new lives in London, Berlin and Istanbul. Through their own accounts, the study explores the intersecting multiple and gendered identities women carry from their home countries and how these are reshaped, challenged, changed, or not, as they encounter different structures, traditions and cultural codes in their new countries. With women’s propensity for collective organising, whether via community, social movements or trade unions as a central theme, the authors also bring together issues of migration, work and identity with trade union and community organizing. Migration and Domestic Work is an important source for scholars and practitioners in each of these fields.
Migration and Making an Income in the Context of ‘Human Trafficking’: Imponderable Experiences and Sense-Making at a South African Border
by Anna S. HünckeThe book focuses on volatile processes at the South African-Zimbabwean border that arise from practices of migration and income generating activities. The processes are influenced by neoliberal developments and controversial discourses on migration, commercial sexual services, and human trafficking. In this unstable environment, different actors continuously negotiate, trying to achieve stable positions. By addressing issues related to migration and income generating activities, they maneuver between legal rules and their own moral values and interests. In their attempt to classify incidents in the border context that are unclear to them, actors’ explanations are partly based on the concept of transnational human trafficking. Thereby, they transfer the impenetrability discursively associated with this concept to what they see as obscure cross-border migration, disconcerting sexual services, and other alienating economic activities. Alternatively, actors understand undocumented cross-border migration, commercial sexual services, and other illegalised income-generating activities as common everyday practices at the border and also assume that human trafficking does not play an important role there.
Migration and the European Convention on Human Rights (European Society of International Law)
by Başak Çali, Ledi Bianku, Iulia MotocThis edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
Migration and the European Convention on Human Rights (European Society of International Law)
This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
Migration and the New Technological Borders of Europe (Migration, Minorities and Citizenship)
by Huub Dijstelbloem and Albert MeijerEuropean borders that aim to control migration and mobility increasingly rely on technology to distinguish between citizens and aliens. This book explores new tensions in Europe between states and citizens, and between politics, technology and human rights.
Migration, Citizenship and the Challenge for Security: An Ethnographic Approach (Palgrave Studies in International Relations)
by A. InnesThis study focuses on the field of security studies through the prism of migration. Using ethnographic methods to illustrate an experiential theory of security taken from the perspective of migrants and asylum seekers in Europe, it effectively offers a means of moving beyond state-based and state-centric theories in International Relations.