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Human Rights of Undocumented Migrant Workers in the EU - An analysis of the Italian Case Study

Khomasuridze, Tsiala LU (2022) JAMM07 20221
Department 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)
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author
Khomasuridze, Tsiala LU
supervisor
organization
course
JAMM07 20221
year
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}},
}