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How should a State treat an irregular migrant worker, i.e. a foreign worker without authorization to stay and/or work in the country, who is confronted with the realization of a social risk? For instance, how should the State deal with an irregular migrant worker who becomes incapacitated for work due to a labor accident? Should he/she be treated like any other worker and qualify for income replacement benefits, medical benefits, and labor-market reintegration measures? Or should the worker be denied benefits since he/she lacks work authorization and may also lack authorization to be in the country? This book addresses these questions and sets out proposals on how irregular migrant workers should be treated in national social security law. These are based on an analysis of the current social security position of irregular migrant workers and of a reference group, i.e. a country's own nationals who engage in undeclared work, in three selected Western States: Canada, Belgium, and the Netherlands. In addition, the book conducts an in-depth investigation of the existing international legal framework (UN, ILO, EU, and CoE law), in order to ascertain the legal limits of any proposal on the legal position of irregular migrant workers. (Series: Ius Commune Europaeum - Vol. 97)
The growing scale of international migration has reshaped the debate on the social rights and social protection available to people outside their countries of origin. This book uses conceptual frameworks, policy analysis and empirical studies of migrants to explore international migrants' needs for and access to social protection across the world.
This third and last open access volume in the series takes the perspective of non-EU countries on immigrant social protection. By focusing on 12 of the largest sending countries to the EU, the book tackles the issue of the multiple areas of sending state intervention towards migrant populations. Two “mirroring” chapters are dedicated to each of the 12 non-EU states analysed (Argentina, China, Ecuador, India, Lebanon, Morocco, Russia, Senegal, Serbia, Switzerland, Tunisia, Turkey). One chapter focuses on access to social benefits across five core policy areas (health care, unemployment, old-age pensions, family benefits, guaranteed minimum resources) by discussing the social protection policies that non-EU countries offer to national residents, non-national residents, and non-resident nationals. The second chapter examines the role of key actors (consulates, diaspora institutions and home country ministries and agencies) through which non-EU sending countries respond to the needs of nationals abroad. The volume additionally includes two chapters focusing on the peculiar case of the United Kingdom after the Brexit referendum. Overall, this volume contributes to ongoing debates on migration and the welfare state in Europe by showing how non-EU sending states continue to play a role in third country nationals’ ability to deal with social risks. As such this book is a valuable read to researchers, policy makers, government employees and NGO’s.
This first open access book in a series of three volumes provides an in-depth analysis of social protection policies that EU Member States make accessible to resident nationals, non-resident nationals and non-national residents. In doing so, it discusses different scenarios in which the interplay between nationality and residence could lead to inequalities of access to welfare. Each chapter maps the eligibility conditions for accessing social benefits, by paying particular attention to the social entitlements that migrants can claim in host countries and/or export from home countries. The book also identifies and compares recent trends of access to welfare entitlements across five policy areas: health care, unemployment, family benefits, pensions, and guaranteed minimum resources. As such this book is a valuable read to researchers, policy makers, government employees and NGO’s.
China has an estimated 120?150 million internal migrants from the countryside living in its cities. These people are the engine that has been driving China's high rate of economic growth. However, until recently, little or no attention has been given to the establishment of a social protection regime for migrant workers. This volume examines the key issues involved in establishing social protection for them, including a critical examination of deficiencies in existing arrangements and an in-depth study of proposals that have been offered for extending social security coverage. Featuring contributions from leading academics outside China who have written on the topic as well as experts from leading Chinese academic institutions such as Chinese Academy of Social Sciences and the Development Research Center in the State Council, this volume provides a comprehensive account from both inside and outside China.
This volume makes the case for the fair treatment of female migrant workers from the global South who are employed in wealthy liberal democracies as care workers, domestic workers, home health workers, and farm workers. An international panel of contributors provide analyses of the ethical, political, and legal harms suffered by female migrant workers, based on empirical data and case studies, along with original and sophisticated analyses of the complex of systemic, structural factors responsible for the harms experienced by women migrant workers. The book also proposes realistic and original solutions to the problem of the unjust treatment of women migrant workers, such as social security systems that are transnational and tailored to meet the particular needs of different groups of international migrant workers.
Comprises non-binding principles and guidelines for labour migration drawn from relevant international instruments and international and regional policy guidelines, including the International Agenda for Migration Management. Serves as a practical guide to governments and to employers' and workers' organizations with regard to the development, strengthening and implementation of national and international labour migration policies.
Om standarder indenfor social sikkerhed i ILO medlemslandene
Worldwide labor migration has transformed and reshaped various fields of government policy and professional practices. Labor migration is associated with the non-economic social phenomena that scholars have increasingly paid attention to in both sending and receiving destinations. For practitioners in the field of education, medicine, nursing, social work, mental health, public health, and other professional practices, the human face of labor migration -- migrant workers' and their families' daily challenges -- often reveals the human cost of migration behind the image of economic gain and benefits. Migrant workers and their families are facing vexing challenges ranging from basic needs to psychosocial well-being, despite who they are and where they come from. Traditional ways of thinking and knowing cannot address these challenges adequately; rather, established divisions of professions, systems, disciplines, and/or areas of practice might just be the factor that constrains the ability to clearly articulate compelling problems and adds an additional layer of complexity to problem solving. This book focuses on country policies and practices, and draws on theoretical ideas that provide the intellectual basis. In addition, it offers vivid examples of how migrant workers manage to work, pursue economic security, strive and adjust in new communities, define and negotiate self and identity, and seek health and well-being. While the book illuminates shared challenges and experiences for each group of migrant workers (i.e. low-skilled workers, internal migrants and other types of migrating laborers), it also synthesizes the intersectionality across all migrant workers, as they remain committed to bettering the lives of their families and communities in their origin countries as well as new host countries and communities. This volume reflects the efforts of interdisciplinary research and collaboration. Based on empirical studies and policy analysis, the researchers draw broader implications for evidence-based practice and policy in migration studies, and offer practical suggestions for policy and service delivery design, including formal and informal mechanisms of support which can inform the professional reader.
Annex and addenda 1 and 2:.