Book contents
- Frontmatter
- Contents
- List of figures
- List of tables
- Notes on contributors
- Abbreviations
- 1 Introduction: The UN Convention on Migrant Workers' Rights
- PART I
- PART II
- 7 Obstacles to, and opportunities for, ratification of the ICRMW in Asia
- 8 Obstacles to ratification of the ICRMW in Canada
- 9 Mexico's role in promoting and implementing the ICRMW
- 10 Migrants' rights after apartheid: South African responses to the ICRMW
- 11 Policy on the ICRMW in the United Kingdom
- 12 The French political refusal on Europe's behalf
- 13 Migration and human rights in Germany
- 14 Migration and human rights in Italy: prospects for the ICRMW
- 15 The ICRMW and the European Union
- Annex 1 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Adopted by General Assembly Resolution 45/158 of 18 December 1990
- Annex 2 Ratifications of ILO Conventions 97 and 143 and of ICRMW as at June 2009
- Index
- References
12 - The French political refusal on Europe's behalf
Published online by Cambridge University Press: 02 December 2010
- Frontmatter
- Contents
- List of figures
- List of tables
- Notes on contributors
- Abbreviations
- 1 Introduction: The UN Convention on Migrant Workers' Rights
- PART I
- PART II
- 7 Obstacles to, and opportunities for, ratification of the ICRMW in Asia
- 8 Obstacles to ratification of the ICRMW in Canada
- 9 Mexico's role in promoting and implementing the ICRMW
- 10 Migrants' rights after apartheid: South African responses to the ICRMW
- 11 Policy on the ICRMW in the United Kingdom
- 12 The French political refusal on Europe's behalf
- 13 Migration and human rights in Germany
- 14 Migration and human rights in Italy: prospects for the ICRMW
- 15 The ICRMW and the European Union
- Annex 1 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Adopted by General Assembly Resolution 45/158 of 18 December 1990
- Annex 2 Ratifications of ILO Conventions 97 and 143 and of ICRMW as at June 2009
- Index
- References
Summary
Introduction
The ICRMW forms part of the charter of human rights for migrants, together with the two ILO conventions on migrant workers. ILO Convention No. 97 covers the whole labour migration continuum from entry to return: conditions of recruitment and equal treatment regarding working conditions, trade unions, collective bargaining, accommodation, social security, employment taxes and legal proceedings. ILO Convention No. 143 is broader, as it deals with irregular migration and with the obligation of states to respect the fundamental rights of migrant workers. The ICRMW has a wider mandate: it clarifies that basic economic, social and cultural rights belong to all migrants (regular and irregular, workers and their family members), although some migrants have more limited rights. The ICRMW reaffirms human rights guaranteed by other general international instruments of human rights but applies them specifically to migrants. Of these three instruments, France has only ratified ILO Convention No. 97.
The ICRMW has two main aims: to eradicate clandestine movements by promoting international cooperation and to ensure equal treatment for migrant workers and their families. It codifies a wide range of rights applicable universally and contains a framework for their effective enjoyment, including the prohibition of any renunciation of these rights. Its approach is based on equal treatment rather than minimal standards. In a regular or irregular situation, all migrants are entitled to a minimum degree of protection, although regular migrants have broader rights.
- Type
- Chapter
- Information
- Migration and Human RightsThe United Nations Convention on Migrant Workers' Rights, pp. 295 - 321Publisher: Cambridge University PressPrint publication year: 2009
References
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