An Analysis of the Effectiveness of International Human Rights Instruments in Protecting the Rights of Migrant Workers
Keywords:
Migrant Workers, Human Rights Law, ICMW, International Labour Standards, Legal ProtectionAbstract
Migrant workers constitute a significant portion of the global labor force, often filling labor gaps in both developed and developing countries. Despite their critical contributions to host economies, migrant workers frequently face systemic discrimination, exploitation, and limited access to legal protections. This study seeks to analyze the effectiveness of international human rights instruments in safeguarding the rights of migrant workers, focusing on key frameworks such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW), the International Labour Organization (ILO) Conventions, and the Universal Declaration of Human Rights (UDHR). Through a qualitative and comparative approach, this study explores how various states incorporate international legal norms into their domestic legislation, the challenges of ratification and enforcement, and the role of international monitoring bodies. Particular attention is given to the gap between ratification and implementation, highlighting how political, economic, and social factors affect the practical realization of migrant workers' rights. Case studies from regions with high levels of labor migration such as the Gulf Cooperation Council (GCC) countries, the European Union, and South-East Asia are examined to assess how well these international instruments are being operationalized on the ground. The study also evaluates the effectiveness of soft law instruments and multilateral cooperation in promoting accountability and improving working conditions for migrants. Furthermore, it considers the emerging global trends in migration governance, including the Global Compact for Safe, Orderly and Regular Migration, and how they interact with established legal protections.
Findings suggest that while international human rights instruments provide a comprehensive legal foundation for the protection of migrant workers, enforcement remains weak due to lack of political will, inadequate legal infrastructure, and insufficient international oversight. The study concludes with policy recommendations aimed at enhancing the international legal regime for migrant workers and strengthening compliance mechanisms.
Downloads
Metrics
References
International Labour Organization. (1990). International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW).
United Nations. (1948). Universal Declaration of Human Rights.
International Labour Organization. (1975). Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).
Cholewinski, R. (2005). Study on Obstacles to Effective Access of Migrants to Civil and Administrative Justice in the EU. European Commission.
Ruhs, M. (2013). The Price of Rights: Regulating International Labor Migration. Princeton University Press.
Weissbrodt, D., & Fitzpatrick, J. (2001). The Human Rights of Migrants. In Human Rights Quarterly, 24(2), 437–464.
International Labour Organization. (2021). General Survey on Migrant Workers Instruments. ILO Report.
Dauvergne, C. (2008). Making People Illegal: What Globalization Means for Migration and Law. Cambridge University Press.
Global Migration Group. (2010). International Migration and Human Rights: Challenges and Opportunities on the Threshold of the 60th Anniversary of the Universal Declaration of Human Rights.
Piper, N. (2009). Rights of Foreign Workers and the Politics of Migration in Southeast Asia. In International Migration, 47(5), 133–160.
United Nations Human Rights Office (OHCHR). (2014). The Economic, Social and Cultural Rights of Migrants in an Irregular Situation.
Betts, A. (2011). Global Migration Governance. Oxford University Press.
ILO. (2016). Promoting Fair Migration: General Survey concerning the migrant workers instruments.
De Genova, N. (2013). Spectacles of Migrant “Illegality”: The Scene of Exclusion, the Obscene of Inclusion. In Ethnic and Racial Studies, 36(7), 1180–1198.
Carens, J. H. (2013). The Ethics of Immigration. Oxford University Press.
Guild, E. (2004). The Legal Elements of European Identity: EU Citizenship and Migration Law. Kluwer Law International.
Amnesty International. (2020). Exploited for Profit: Migrant Workers in Qatar ahead of the FIFA World Cup.
Human Rights Watch. (2019). Migrant Workers’ Rights under Threat: Violations in the Middle East.
Castles, S., de Haas, H., & Miller, M. J. (2014). The Age of Migration: International Population Movements in the Modern World (5th ed.). Palgrave Macmillan.
Office of the United Nations High Commissioner for Human Rights (OHCHR). (2013). Migration and Human Rights: Improving Human Rights-Based Governance of International Migration.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
Terms:
- Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
