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Mobilizing the Rights of Migrant Workers: Swedish Trade Unions’ Engagement with Law and the Courts

Schoultz, Isabel LU orcid and Muhire, Heraclitos LU (2023) In Nordic Journal of Human Rights
Abstract (Swedish)
Migrant workers, both regular and irregular, are at particular risk of having their rights violated. At the same time, there has been an absence of support for exploited immigrant workers from Swedish authorities and civil society. Lately, a number of trade unions and semi-union organisations in Sweden have developed methods to mobilize the rights of migrant workers experiencing exploitation on the Swedish labour market. This article investigates strategies utilized by trade unions to mobilize migrant workers’ rights by engaging with the law and the courts. It draws on qualitative interviews with trade union representatives and court judgements from the Labour Court and other civil courts. We identify legal practices that range from... (More)
Migrant workers, both regular and irregular, are at particular risk of having their rights violated. At the same time, there has been an absence of support for exploited immigrant workers from Swedish authorities and civil society. Lately, a number of trade unions and semi-union organisations in Sweden have developed methods to mobilize the rights of migrant workers experiencing exploitation on the Swedish labour market. This article investigates strategies utilized by trade unions to mobilize migrant workers’ rights by engaging with the law and the courts. It draws on qualitative interviews with trade union representatives and court judgements from the Labour Court and other civil courts. We identify legal practices that range from immediate legal assistance and everyday negotiations with employers to litigation in court. We show how the practical, aspirational, and creative engagement of a small group of trade union representatives with the law and courts has generated a new form for mobilizing the rights of migrant workers in the Swedish context. This form of legal mobilization is both instrumental and political, driven by the rhetoric of class struggle and a belief in the rights of migrant workers. (Less)
Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Contribution to journal
publication status
epub
subject
keywords
migrant workers; labour exploitation; trade unions; legal mobilization
in
Nordic Journal of Human Rights
publisher
Taylor & Francis
external identifiers
  • scopus:85171638835
ISSN
1891-8131
DOI
10.1080/18918131.2023.2250678
language
English
LU publication?
yes
id
885b13e9-3cc9-41fe-97c5-1a806c5a5407
date added to LUP
2023-09-20 14:58:06
date last changed
2023-12-03 04:04:31
@article{885b13e9-3cc9-41fe-97c5-1a806c5a5407,
  abstract     = {{Migrant workers, both regular and irregular, are at particular risk of having their rights violated. At the same time, there has been an absence of support for exploited immigrant workers from Swedish authorities and civil society. Lately, a number of trade unions and semi-union organisations in Sweden have developed methods to mobilize the rights of migrant workers experiencing exploitation on the Swedish labour market. This article investigates strategies utilized by trade unions to mobilize migrant workers’ rights by engaging with the law and the courts. It draws on qualitative interviews with trade union representatives and court judgements from the Labour Court and other civil courts. We identify legal practices that range from immediate legal assistance and everyday negotiations with employers to litigation in court. We show how the practical, aspirational, and creative engagement of a small group of trade union representatives with the law and courts has generated a new form for mobilizing the rights of migrant workers in the Swedish context. This form of legal mobilization is both instrumental and political, driven by the rhetoric of class struggle and a belief in the rights of migrant workers.}},
  author       = {{Schoultz, Isabel and Muhire, Heraclitos}},
  issn         = {{1891-8131}},
  keywords     = {{migrant workers; labour exploitation; trade unions; legal mobilization}},
  language     = {{eng}},
  publisher    = {{Taylor & Francis}},
  series       = {{Nordic Journal of Human Rights}},
  title        = {{Mobilizing the Rights of Migrant Workers: Swedish Trade Unions’ Engagement with Law and the Courts}},
  url          = {{http://dx.doi.org/10.1080/18918131.2023.2250678}},
  doi          = {{10.1080/18918131.2023.2250678}},
  year         = {{2023}},
}