A human rights perspective on undocumented migrant workers : assessment of legal frameworks and analysis of the Italian case study
A human rights perspective on undocumented migrant workers : assessment of legal frameworks and analysis of the Italian case study
Date
2019
Authors
Pessot, Silvia
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Abstract
Irregular migration has gained increased attention at International, European and national
levels. These arenas are characterized by different approaches towards undocumented
migrants. While international organizations encourage to adopt a person-centered and human
rights-based approach, regional and national institutions are dominated by a “security”
perspective which often neglects irregular migrants’ fundamental rights. The aim of this
research is to investigate different legal frameworks towards undocumented migrant workers
from a critical angle and to examine whether and to what extent their right to work and to just
and favourable working conditions are respected, protected and fulfilled. As case study, the
Italian legislation is assessed to evaluate its compliance with the International and European
human rights standards. The implementation of the national norms is assessed as well in order
to shed light on concrete hurdles faced by irregular migrant workers in labour rights
enjoyment. Building on the findings, the research outlines possible areas of improvement in
view of Italy’s progressive compliance with relevant labour standards at the international and
regional level. In order to address irregular migrant workers’ human rights violations, the
research assumes that a need for a comprehensive approach which acknowledges the labour
dimension of migration exists. Moreover, it suggests to consider putting a firewall system in
place and to enable undocumented migrant workers to enter the formal economy in order to
address their current irreversible marginalization in the informal economy.
Description
Second semester University: University of Graz
Keywords
irregular migrations,
migrant workers,
human rights,
Italy,
right to work,
working conditions