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The Rights of Migrant Workers in Canada: An Analysis of Canada's Temporary Foreign Worker Program in Light of International Labour & Human Rights Law

Fries, Erin Murphy LU (2012) JAMM06 20122
Department of Law
Abstract
This paper explores the extent to which international labour and human rights law places obligations on States to protect the interests of migrant workers in countries of employment. The purpose of this paper is to examine Canada’s temporary foreign worker programs and work-related regulations, and determine whether Canada lives up to the international norms with respect to the rights of migrant workers. The research questions posed include: What are the international labour and human rights applicable to migrant workers? Does Canadian domestic law and practice fulfil these international norms in respect of migrant workers in the TFWPs in Canada? If not, what changes does Canada need to make to comply with these international standards?... (More)
This paper explores the extent to which international labour and human rights law places obligations on States to protect the interests of migrant workers in countries of employment. The purpose of this paper is to examine Canada’s temporary foreign worker programs and work-related regulations, and determine whether Canada lives up to the international norms with respect to the rights of migrant workers. The research questions posed include: What are the international labour and human rights applicable to migrant workers? Does Canadian domestic law and practice fulfil these international norms in respect of migrant workers in the TFWPs in Canada? If not, what changes does Canada need to make to comply with these international standards? The conclusion is that while international labour and human rights law does not prohibit States from admitting workers on a temporary basis and with restrictions, when States do confer only temporary status on foreign workers, the international standards require States to take extra and special steps to provide migrant workers with work-related protections. The extent to which Canada fails to live up these standards is examined, and recommendations provided. This paper concludes with some questions on the limitations of international labour and human rights law for the situation of migrant workers. (Less)
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author
Fries, Erin Murphy LU
supervisor
organization
course
JAMM06 20122
year
type
H2 - Master's Degree (Two Years)
subject
keywords
"International Labour Organization", "migrant workers", "international labour rights", "international human rights", "Master in International Human Rights Law"
language
English
id
3055510
date added to LUP
2012-12-06 09:16:37
date last changed
2012-12-06 09:16:37
@misc{3055510,
  abstract     = {This paper explores the extent to which international labour and human rights law places obligations on States to protect the interests of migrant workers in countries of employment. The purpose of this paper is to examine Canada’s temporary foreign worker programs and work-related regulations, and determine whether Canada lives up to the international norms with respect to the rights of migrant workers. The research questions posed include: What are the international labour and human rights applicable to migrant workers? Does Canadian domestic law and practice fulfil these international norms in respect of migrant workers in the TFWPs in Canada? If not, what changes does Canada need to make to comply with these international standards? The conclusion is that while international labour and human rights law does not prohibit States from admitting workers on a temporary basis and with restrictions, when States do confer only temporary status on foreign workers, the international standards require States to take extra and special steps to provide migrant workers with work-related protections. The extent to which Canada fails to live up these standards is examined, and recommendations provided. This paper concludes with some questions on the limitations of international labour and human rights law for the situation of migrant workers.},
  author       = {Fries, Erin Murphy},
  keyword      = {"International Labour Organization","migrant workers","international labour rights","international human rights","Master in International Human Rights Law"},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Rights of Migrant Workers in Canada: An Analysis of Canada's Temporary Foreign Worker Program in Light of International Labour & Human Rights Law},
  year         = {2012},
}