While the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.
Although the law relating to 'modern slavery' has received increased attention in recent years, the perspectives of labour trafficking victims rarely feature in the literature. The article explores how this vulnerable group experiences the Irish anti-trafficking regime in practice. Drawing on 15 semi-structured interviews, it shows that victims of labour trafficking in Ireland receive minimal assistance from the State at every stage of the trafficking cycle, from prevention and identification to seeking redress for harms suffered. The lived experiences of the participants cut across the spheres of employment, criminal and immigration law, stretching well beyond the 'silo' of the anti-trafficking framework. The article concludes by suggesting that victims' perspectives are an essential part of evidence-based policy responses to the multi-faceted phenomenon of severe labour exploitation, as well as a comprehensive analytical framework. It agrees that existing critiques of the anti-trafficking paradigm are well-founded, but argues that they should also take account of the practical benefits for individuals who are granted 'victim of trafficking' status.
trafficked-migrant-workers-abused-in-irish-fishing-industry (last accessed 13 June 2016). 2 In respect of the fishing sector,
Human rights law has begun to address the inequalities and exclusions that structure the domain of domestic work. The "everyday" of exclusions from employment law and social security, and precarious migration status, had, until recently, attracted only limited attention. This article examines the reforms introduced in the Overseas Domestic Workers (ODW) visa regime in the United Kingdom. The move towards a more precarious migration status for migrant domestic workers marks a rejection of the reforms secured through sustained political activism. It also highlights the contingency and instability of political moments that secure progressive change for migrants, and the enduring limits of human rights law.
Integration has become a recurring theme of national immigration policies; and there has been a corresponding normative development of the concept to a certain degree in the European Union, both in soft policy and through references to integration in legally binding immigration measures. Th e diffi culty in defi ning integration is a pervasive problem encountered by lawyers and sociologists attempting to understand the phenomenon. Th is article argues that the development of the concept of integration by the European Court of Human Rights has an important contribution to make to the debate, with the potential to provide a legal framework within which to situate integration policies at the national and the EU level. It assesses the concept of integration employed by the European Court of Human Rights, analysing the Court's Article 8 immigration jurisprudence in terms of two core issues: fi rst, the conception of integration employed in the jurisprudence of the European Court of Human Rights; and second, the implications of the development of the concept in terms of impacting on the right to remain in a State Party and family reunifi cation, each a key integration issue. Th e article concludes that while the jurisprudence relating to what actually constitutes 'integration' is very much in its infancy, the express consideration of integration as a factor in the balancing exercise undertaken by the Court in the expulsion cases signifi es the start of a normative development of the concept of integration by the European Court of Human Rights. Nevertheless, it remains to be seen whether the increased emphasis of the Court on the integration criterion in the Article 8 expulsion cases infl uences the Court's approach to key integration issues such as family reunifi cation and in turn whether this fi lters down to legislators and policymakers at the national level.
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