Legal Provisions

Making Claims for Migrant Workers: Human Rights and Citizenship

Author : Judy Fudge | 2014
Published By: Labour Law Research Network

Migrant workers claims for greater protection in a globalized world are typically expressed either in the idiom of international human rights or citizenship. Instead of contrasting these two normative frames, the paper explores the extent to which human rights and citizenship discourses intersect when it comes to claims by migrant workers. An analysis of the international human and labour rights instruments that are specifically designed for migrant workers reveals how neither discourse questions the assumption of territorial state sovereignty. Drawing upon sociological and political approaches to human rights claims, Arendtian-inspired critique of international human rights are investigated, which is that they ignore the very basis “right to have rights.” In doing so, I discuss the different dimensions of citizenship, and conclude that international rights can be used by migrant workers to assert right claims that reinforce a conception of citizenship that, although different from national citizenship, has the potential to address their distinctive social location.

URL : http://www.labourlawresearch.net/sites/default/files/papers/MigrantWorkersJF.pdf

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