scholarly journals LEGAL STATUS OF THE MYANMAR MIGRANT WORKERS IN THAILAND: THE EXPERIENCE OF WORKERS FROM MON AND KAREN STATES IN THAILAND

2021 ◽  
pp. 9-16
Author(s):  
Mi Khin Saw Aung ◽  
Keyword(s):  
Migrant Workers ◽  
Legal Status ◽  
White Collar ◽  
Business Environment ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Migration Process ◽  
International Human Rights ◽  
Rural Regions ◽  
White Collar Workers

Myanmar’s unfavorable business environment leads to difficulties for its citizens, especially in rural regions, to find a job with a stable income. To fulfill basic needs for their families, many people from Myanmar cross the border to find a job in the rapidly modernizing neighboring country of Thailand where the salary for unskilled laborers is higher than that of white-collar workers in Myanmar. Thailand hosts the largest number of Myanmar migrant workers. Because of the unfamiliarity of the migration process and, the time and efforts it takes, most of them enter into Thailand illegally and work without proper documents. Even those who cross the border and work legally sometimes end up as illegal workers due to various circumstances, including because they are not able to move between jobs without the employer’s consent. As a result, a large percentage of these workers in Thailand cannot enjoy most of the rights provided for under Thai Laws and under International Human Rights Law. The purpose of this research is to identify ways for the Myanmar migrant workers in Thailand to be able to fully enjoy the rights to which they are entitled. By first providing a thorough review of the existing laws and regulations relating to migrant workers domestically and internationally and then analyzing the current situation of Myanmar migrant workers in Thailand through interviews, this study aims to explore what can be done by the Myanmar government to reduce and eventually eliminate irregular migration to Thailand and to ensure that those working in the country are in a regular situation. The study also points out the importance of informing migrants about the existing process to migrate regularly to Thailand.

scholarly journals International Human Rights in Canada: At the Juncture of Law and Politics

2013 ◽  
Vol 41 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Faisal Bhabha
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law And Politics ◽  
The Status ◽  
International Human

Thank you for the opportunity to address the very timely topic of international human rights law from the Canadian perspective. As my title suggests, my analysis of this topic sits at the intersection of law and politics, as so much of international law necessarily does. I will proceed in three parts. First, I will provide a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, I will examine the formal legal status of international human rights law in Canada, drawing selectively from key Supreme Court of Canada decisions. This will be far from a comprehensive account. Finally, I will discuss the recent adoption of the newest international human rights treaty, the disability convention, and discuss calls to promote access to justice at the international level for breaches of Convention norms domestically. Notwithstanding important efforts to advance the status of international human rights law in Canada, my overall observation is that, in both law and politics, the Canadian approach to international human rights is predominantly inward looking.

scholarly journals PERLINDUNGAN HUKUM BAGI IRREGULAR MIGRANT WORKERS INDONESIA DI KAWASAN ASIA TENGGARA (DALAM PERSPEKTIF HUKUM HAM INTERNASIONAL)

Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 308
Author(s):  
Riri Anggriani
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Migrant Workers ◽  
Human Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Irregular Migrants ◽  
International Human ◽  
Irregular Migrant

The development of globalization that occurred has considerable impact for human life and for countries in Southeast Asia. One is the movement of people from one country to another, especially concerning the problem of economic migrants seeking employment or working in a country where they work especially irregular migrant workers. These irregular migrants are vulnerable to violations of their human rights. The issue is how the protection of the law is provided by the country of origin through Indonesian national law in countries that are the destination of Indonesian migrant workers in the Southeast Asian Region through the perspective of international human rights law. This research is legal research. The results of this study indicate that Indonesian migrant workers with the status of irregular migrant workers are workers who also have the same rights as other migrant workers or other citizens so that countries (especially countries in Southeast Asia) have an obligation to acknowledge and Protect them wherever they may be or under any circumstances they experience as contained in the provisions of international human rights law, especially in the Convention on the Protection of the Rights of All Migrant Workers and their Families (CMW), 1990.

Part 3 Vulnerable Groups, 3.6 Migrant Workers

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Vulnerable Groups ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Religious Minorities ◽  
The Right

This chapter discusses issues concerning migrant workers’ right to freedom of religion. The right to freedom of religion or belief of migrant workers is often even more violated than that of religious minorities, since being outside the State of nationality in practice weakens equal access to human rights. These violations include abuses of their right to life, arbitrary detention and various forms of discrimination in the labour market, housing, and in relation to education, and citizenship. International human rights law, however, guarantees migrant workers and members of their families enjoyment of the full scope of freedom of religion or belief, including its manifestation in public and in community with others, in worship, observance, practice, and teaching.

7 The Emergence of International Human Rights Law (1969)

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Vulnerable Groups ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Basic Principles ◽  
Persons With Disabilities ◽  
Treaty Body ◽  
International Human

This chapter addresses the emergence of International Human Rights Law. International Human Rights Law consists of international norms set out in instruments adopted over the years. These consist of binding instruments, which carry obligations (such as ‘covenant’, ‘convention’ and ‘protocol’) and non-binding instruments (such as ‘declaration’, ‘guiding principles’, ‘basic principles’ and ‘standard minimum rules’, also described as ‘soft’ law). They are all related, directly or indirectly, to the rights in the International Bill of Human Rights, which may be considered as the substantive canopy of International Human Rights Law. As the International Bill of Human Rights was reaching completion in the mid-1960s, a process developed that complemented the International Bill with conventions on specific rights, protecting (vulnerable) groups, such as the child, women, persons with disabilities and migrant workers, and conventions protecting against the violation of specific rights, such as freedom from racial discrimination, freedom from torture and from involuntary disappearance. The conventions which envisage a system by which an expert body (treaty body) monitors the implementation by States Parties of their treaty obligations came to be referred to as ‘core’ conventions. The chapter also looks at non-core conventions, as well as declarations and other norms.

Legal Status of NHRAPs in International Human Rights Law

2018 ◽  
Author(s):  
Azadeh Chalabi
Keyword(s):  
Human Rights ◽  
Content Analysis ◽  
Legal Status ◽  
Action Plan ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Main Thrust ◽  
National Human ◽  
International Human

Part II, ‘Doctrinal Perspectives’, is structured in two chapters: Chapter 3 and Chapter 4. The main thrust of Chapter 3 is to unravel whether states are obliged, under international human rights law, to adopt a National Human Rights Action Plan (NHRAP), and if so, what is the nature and the scope of this obligation. To this end, a content analysis of all the nine core human rights conventions, General Comments, reports, and concluding observations is conducted. The findings of this content analysis show that each of these conventions places upon states parties an immediate obligation to adopt a NHRAP which must be geared towards realizing the rights embodied in the conventions.

The Hungarian Act CCVI of 2011 on Freedom of Conscience and Religion and on the Legal Status of Churches, Religious Denominations and Religious Associations in Light of the Jurisprudence of the European Court of Human Rights

2013 ◽  
Vol 8 (1) ◽  
pp. 3-22
Author(s):  
Júlia Mink
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Freedom Of Conscience ◽  
International Human Rights ◽  
Protestant Church ◽  
European Court ◽  
Religious Associations ◽  
International Human

Abstract In 2011 Hungary replaced and completely reversed its formerly existing ‘liberal’ regulation of the registration of churches and church status by constituting a system built upon a highly dubious procedure and a set of stricter criteria. The aim of this article is to provide—after a brief summary of the process leading to the adoption of the present regulation—an assessment of the controversial, much debated Act CCVI of 2011 on freedom of conscience and religion and on the legal status of churches, religious denominations and religious associations in view of international human rights law standards as set by the ECHR and the jurisprudence of the ECtHR. The actual implementation and impact of the new Act will be demonstrated via the case of the Hungarian Evangelical Fellowship, a small, formerly registered free protestant church of Methodist denomination, which lost its church status after 30 years of lawful operation and still strives for recognition.

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