Human Rights of Undocumented Migrant Workers in the EU - An analysis of the Italian Case Study
(2022) JAMM07 20221Department of Law
Faculty of Law
- Abstract
- This paper explores the extent to which international and regional human rights law places obligations on States to protect the interests of undocumented migrant workers in countries of employment. The purpose of this thesis is to examine Italy’s immigration policies and work-related regulations, and determine whether or not Italy lives up to the international norms with respect to the labour-related human rights of undocumented migrant workers. The research questions posed include: What are the international labour-related human rights applicable to migrant workers in an irregular situation? Does Italian domestic law and practice fulfil these international norms? If not, what changes does Italy need to make to comply with these... (More)
- This paper explores the extent to which international and regional human rights law places obligations on States to protect the interests of undocumented migrant workers in countries of employment. The purpose of this thesis is to examine Italy’s immigration policies and work-related regulations, and determine whether or not Italy lives up to the international norms with respect to the labour-related human rights of undocumented migrant workers. The research questions posed include: What are the international labour-related human rights applicable to migrant workers in an irregular situation? Does Italian domestic law and practice fulfil these international norms? If not, what changes does Italy need to make to comply with these international standards? The conclusion is that, while international human rights law does not prohibit States to refuse entrance or stay of foreign-born individuals, when undocumented migrants are working they are entitled to basic human rights, including just and favourable conditions of work. Thus, States are required to provide them with work-related protections. However, the research has led to the finding that, while international human rights law instruments encourage States to adopt a person-centered and human rights based-approach, both regional and national institutions are dominated by a ‘security’ perspective which often neglects the fundamental human rights of undocumented migrant workers. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9092811
- author
- Khomasuridze, Tsiala LU
- supervisor
- organization
- course
- JAMM07 20221
- year
- 2022
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Undocumented migrant workers, labour-related human rights, just and favourable working conditions, Italy.
- language
- English
- id
- 9092811
- date added to LUP
- 2022-06-27 15:04:14
- date last changed
- 2022-06-27 15:04:14
@misc{9092811, abstract = {{This paper explores the extent to which international and regional human rights law places obligations on States to protect the interests of undocumented migrant workers in countries of employment. The purpose of this thesis is to examine Italy’s immigration policies and work-related regulations, and determine whether or not Italy lives up to the international norms with respect to the labour-related human rights of undocumented migrant workers. The research questions posed include: What are the international labour-related human rights applicable to migrant workers in an irregular situation? Does Italian domestic law and practice fulfil these international norms? If not, what changes does Italy need to make to comply with these international standards? The conclusion is that, while international human rights law does not prohibit States to refuse entrance or stay of foreign-born individuals, when undocumented migrants are working they are entitled to basic human rights, including just and favourable conditions of work. Thus, States are required to provide them with work-related protections. However, the research has led to the finding that, while international human rights law instruments encourage States to adopt a person-centered and human rights based-approach, both regional and national institutions are dominated by a ‘security’ perspective which often neglects the fundamental human rights of undocumented migrant workers.}}, author = {{Khomasuridze, Tsiala}}, language = {{eng}}, note = {{Student Paper}}, title = {{Human Rights of Undocumented Migrant Workers in the EU - An analysis of the Italian Case Study}}, year = {{2022}}, }