Negotiating the Social Citizenship Rights of Migrant Domestic Workers: The Right to Family Reunification and a Family Life in Policies and Debates

2013 ◽  
Vol 39 (3) ◽  
pp. 409-424 ◽  
Author(s):  
Maria Kontos
Keyword(s):  
Family Life ◽  
Domestic Workers ◽  
Family Reunification ◽  
Social Citizenship ◽  
Citizenship Rights ◽  
The Social ◽  
The Right ◽  
Migrant Domestic Workers

Migrant domestic workers and the right to a private and family life

2019 ◽  
Vol 37 (4) ◽  
pp. 288-310
Author(s):  
Natalie Sedacca
Keyword(s):  
Family Life ◽  
Domestic Workers ◽  
Private Sphere ◽  
Labour Law ◽  
The Public ◽  
Labour Legislation ◽  
The Uk ◽  
The Right ◽  
Migrant Domestic Workers

Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.

Not Every Family: Selective Reunification in Contemporary US Immigration Laws

2010 ◽  
Vol 78 (1) ◽  
pp. 100-109 ◽  
Author(s):  
Maria Cecilia Hwang ◽  
Rhacel Salazar Parreñas
Keyword(s):  
Domestic Workers ◽  
Family Reunification ◽  
Immigration Policies ◽  
Guest Workers ◽  
Immigration Laws ◽  
Migrant Families ◽  
The Family ◽  
Foreign Domestic Workers ◽  
The Right ◽  
Us Immigration

AbstractThis article questions the notion that family reunification is the cornerstone of US immigration policies and points to the violation of the right to family reunification in US law. It specifically looks at the forcible separation of legal residents from their families, including foreign domestic workers in the Labor Certification Program; US-born children with undocumented relatives, including parents and siblings; and guest workers. We argue that the growing influence of nationalist politics and big businesses trumps the interests of the family in US immigration policies, resulting in the prolonged and forcible separation of working-class and poor migrant families.

scholarly journals A Bride Run Free Movement of People in the EU, the Fundamental Right to Family, Family Reunification, and the Case of Denmark

2021 ◽  
Vol 4 (1) ◽  
pp. 69-83
Author(s):  
Hugo Balnaves
Keyword(s):  
Family Member ◽  
Family Life ◽  
Family Reunification ◽  
The Other ◽  
Free Movement ◽  
Reverse Discrimination ◽  
Citizenship Rights ◽  
Other Hand ◽  
The Eu

Danish legislation has made it increasingly difficult for Danish citizens who have not exercised their free movement (static EU citizens) to have their third country national (TCN) family member(s) reside with them in Denmark under family reunification. On the other hand, EU citizens (mobile EU citizens) who have exercised their free movement and reside in Denmark with their TCN family member(s), have access to far more generous EU family reunification legislation. This article explores the extent to which reverse discrimination effects Danish citizens compared to mobile EU compatriots living in Denmark and how this interacts with EU citizenship rights such as free movement and the fundamental right to family life.

scholarly journals Developments in family reunification cases before the CJEU

2019 ◽  
Vol 3 (2) ◽  
pp. 6-17
Author(s):  
Réka Friedery
Keyword(s):  
Family Life ◽  
Case Law ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Directive ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
European Standards ◽  
The Right ◽  
The Eu

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

Part VI Refugee Rights and Realities, Ch.55 The Right to Family Reunification

2021 ◽  
Author(s):  
Nicholson Frances
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Family Reunification ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Protection ◽  
Refugee Families ◽  
Unaccompanied Children ◽  
The Right ◽  
Family Unity

This chapter investigates the right to family reunification. Refugees fleeing persecution and armed conflict often become separated from their families or have to leave family members behind. Border guards, armed groups, smugglers, or simply force of circumstance may separate refugee families in the chaos of flight. For refugees and other beneficiaries of international protection, family reunification in the country of asylum is generally the only way to ensure respect for their right to family life and family unity. The chapter examines the extent of the rights to family life and family unity under human rights law both globally and regionally, with the right to family reunification itself also receiving widespread recognition. In practice, however, in order to realize these rights, refugee families must surmount numerous legal and practical obstacles that can render reunification a tortuous or even impossible undertaking. The chapter then takes a children’s rights perspective, focusing notably on the situation of adopted, fostered, and unaccompanied children.

Training Policy and the Property Rights of Labour in Chile (1990–1997): Social Citizenship in the Atomised Market Regime

1999 ◽  
Vol 31 (2) ◽  
pp. 429-472 ◽  
Author(s):  
LOUISE HAAGH
Keyword(s):  
Property Rights ◽  
Human Resources ◽  
Social Citizenship ◽  
Aggregate Level ◽  
Citizenship Rights ◽  
The Social ◽  
Market Regime ◽  
Training Policy ◽  
Institutional Legacies

This article argues that the training and employment policies of Chile's transition governments since 1990 have failed significantly to promote the development of human resources and occupational citizenship, and identifies key structural and political causes. In particular, the weak development of the property rights of labour and of markets in skill are seen as enduring economic and institutional legacies of the period of dictatorship which continue to constrain key areas of economic development as well as social citizenship rights. The article advocates an analysis of citizenship and skill development that identifies the problem of institutional coordination between a range of different services in labour markets. It suggests that the social organisation of skill markets in Chile systematically discriminates against long-term investments in workers. Hence, even in Chile where economic reformers have sought to maximise markets, decisions on skill investments are, to an important degree, conditioned by power relations and organisational inertia inside individual firms and, at the aggregate level, by the selective channelling of information and the (unplanned) institutional structuring of training supply.

scholarly journals On The Limits of Judicial Intervention:EU Citizenship and Family Reunification Rights

2011 ◽  
Vol 13 (4) ◽  
pp. 443-466 ◽  
Author(s):  
Peter Van Elsuwege ◽  
Peter Van Elsuwege ◽  
Dimitry Kochenov
Keyword(s):  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Citizenship Rights ◽  
Member States ◽  
Legislative Action ◽  
Cross Border ◽  
Court Of Justice ◽  
The Right

Abstract This article scrutinises the logic behind the recent judgments of the Court of Justice of the European Union (CJEU) in Ruiz Zambrano and McCarthy focusing on their implications for the right to family reunification under EU law. Specific attention is devoted to the phenomenon of reverse discrimination in the context of the new jurisdiction test established by the Court, which is based on the severity of the Member States’ interference with EU citizenship rights rather than on a pure cross-border logic. EU citizens unable to establish a link with EU law are often subject to stricter family reunification requirements in comparison to their migrant compatriots and even certain third country nationals. It is argued that this situation is difficult to accept in light of the principles of legal certainty, equality and the protection of fundamental rights. A new balance between EU citizenship and Member States’ regulatory autonomy is established but legislative action is required to solve the outstanding problems.

Reflections on Globalized Care Chains and Migrant Women Workers

2018 ◽  
Vol 44 (7-8) ◽  
pp. 1179-1189 ◽  
Author(s):  
Mary Romero
Keyword(s):  
Women Workers ◽  
United Arab Emirates ◽  
Full Range ◽  
Domestic Workers ◽  
Labor Rights ◽  
State Regulations ◽  
The Social ◽  
The Usa ◽  
Entry Requirements ◽  
Migrant Domestic Workers

An analysis of the international division of reproductive labor is incomplete without acknowledging the proliferation of state regulations in migrant-receiving countries, which result in restricting workers’ ability to maintain their own families and to exercise their full range of labor rights. An overview of trends in nations fueling the need for domestic workers and caregivers includes the social conditions for migrants increasingly fill this niche. The transnational circuits of care migration are constructed by the commercial and legal processes used to recruit and transport domestic workers. These are highlighted by analyzing the policies in the USA and United Arab Emirates to demonstrate the restrictions countries place on migrants seeking employment and the limited labor protections offered migrant domestic workers. Two otherwise different countries have adopted similar entry requirements tying migrant domestic workers to employer sponsored jobs in their homes. However, the USA offers fewer visa options to domestic workers and recruitment systems differ. Vulnerabilities faced by migrant domestics receiving visas are linked to these immigration policies.

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