Finding a Place for Marginal Migrants in the International Human Rights System

Kawar, Leila

doi:10.1108/s1059-4337(2011)0000056006

Cited by 3 publications

(3 citation statements)

References 16 publications

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“…In a committee meeting at the Israeli Knesset (Knesset Committee on the Problem oForeign Workers ), HMW participated in a heated discussion about how the authorities, including legislators, the police, the state attorney and judges, should understand the anti‐trafficking law and implement it. The dynamics of the discussion exemplified Kawar's () argument about the indeterminacy of HR law as an enabling factor for their internalization. However, indeterminacy also reveals conflict.…”

Section: Making Migrants’ Rights In Non‐immigration Settings: Power Mmentioning

confidence: 83%

Mobilizing Migrant Workers’ Rights in “Non-immigration” Countries: The Politics of Resonance and Migrants’ Rights Activism in Israel and Singapore

Kemp¹,

Kfir²

2016

Law Soc Rev

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How are the rights of migrant workers mobilized in non-immigration regimes? Drawing on an ethnography of human rights NGOs in Israel and Singapore, two countries that share similar ethnic policies but differ in their political regime, this study contributes to scholarship on migrants' rights mobilization by expanding cross-national analysis beyond the United States and West Europe and diverting its focus from legal institutions to the places where rights are produced. Findings show that differences in the political regime influence the channels for mobilizing claims but not the cultural politics of resonance that NGOs use when dealing with the tensions between restrictive ethnic policies and the expansion of labor migration. While restraints in authoritarian Singapore operate mainly outside the activists' circle, in the Israeli ethno-democracy they operate through self-disciplining processes that neutralize their potential challenge to hegemonic understandings of citizenship. Paradoxically, success in advancing rights for migrants through resonance often results in reinforcing the non-immigration regime.Recent comparative studies on migrant workers' rights 1 shed light on how national fields of power shape and are shaped by legal mobilizations (Bloemraad 2006;Bloemraad and Provine 2013;Kawar 2011aKawar , 2012. Bridging the comparative migration studies' interest in national settings and sociolegal mobilization perspectives, this scholarship underscores the complex dynamics of rights making when activists engage in settings with varying institutional configurations and cultural repertoires. Despite its interest in legal pluralism, much of the cross-national scholarship We thank the NGOs staff and activists in Singapore and Israel that took part in the study for their participation, openness and insights. We are indebted to the editors of LSR and the anonymous reviewers for their helpful suggestions and constructive comments. We thank the Asian Research Institute (National University of Singapore) for providing academic affiliation during fieldwork.

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Section: Making Migrants’ Rights In Non‐immigration Settings: Power Mmentioning

confidence: 83%

Mobilizing Migrant Workers’ Rights in “Non-immigration” Countries: The Politics of Resonance and Migrants’ Rights Activism in Israel and Singapore

Kemp¹,

Kfir²

2016

Law Soc Rev

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“…The states that have signed human rights treaties realize that there is very little accountability and no corresponding costs for non-compliance (Bhabha, 2009). Thus, most enforcement of the instruments remains declaratory rather than legally binding (Kawar, 2011).…”

Section: Migrant Children’s Basic Rightsmentioning

confidence: 99%

The path to inclusion for undocumented migrant children in South Korea

Lee

2023

Asian and Pacific Migration Journal

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This study focuses on undocumented migrant children in South Korea. The Korean migration policies are centered on marriage migrants and their children until recently, while the issue of undocumented migrant children of migrant workers has long been overlooked. Undocumented migrant children are placed in an extremely unstable situation both legally and practically. This study shows why their basic rights should be protected from the perspective of constitutional and international law. It examines the comprehensive legal and policy frameworks of migration and the newly introduced measures to protect these children in Korea. It concludes with a discussion of the shortcomings of the current system and recommendations for improvement.

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“…Additionally, the governments are required to honestly protect and fulfil human rights [4]. Domestic, regional and international institutions and organizations provide the mechanisms for redressal and translate those into actions for enforcement of Human Rights laws under the newly changed scenario (Kawar, 2011). It also includes technological developments.…”

Section: Artificial Intelligence and Human Rights Issuesmentioning

confidence: 99%

Artificial intelligence and human rights: a comprehensive study from Indian legal and policy perspective

Chatterjee

Sreenivasulu

2021

IJLMA

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Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology. Findings The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI. Research limitations/implications The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens. Originality/value AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

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Finding a Place for Marginal Migrants in the International Human Rights System

Cited by 3 publications

References 16 publications

Mobilizing Migrant Workers’ Rights in “Non-immigration” Countries: The Politics of Resonance and Migrants’ Rights Activism in Israel and Singapore

Mobilizing Migrant Workers’ Rights in “Non-immigration” Countries: The Politics of Resonance and Migrants’ Rights Activism in Israel and Singapore

The path to inclusion for undocumented migrant children in South Korea

Artificial intelligence and human rights: a comprehensive study from Indian legal and policy perspective

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