Ensuring the Rights of Women Migrant Workers – Analysis and Practice from Viet Nam

2021 ◽  
Vol 10 (2) ◽  
pp. 216-246
Author(s):  
Thi Hong Yen Nguyen ◽  
Phuong Dung Nguyen
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Third World ◽  
Legal Protection ◽  
Viet Nam ◽  
Migrant Population ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
World Nation ◽  
Female Migrant

Abstract Women migrant workers, who make up almost half of the migrant population in Vietnam, have been seeking employment opportunities in order to strengthen their standing both economically and socially. Nevertheless, women migrant workers are exposed to more risks and human rights violations than their male counterparts owing to their binary susceptibility as migrants and women. Compounding this, the existing international (human rights) treaties have yet to afford sufficient legal protection to them. Coming from a third world nation, Vietnamese female migrant workers face a multitude of risks arising from their status. Given the risks that they face, further actions by the Vietnamese Government to comprehensively address the problems related to the protection of migrant workers’ rights are needed. Cooperation amongst States in establishing a dialogue and reaching solutions to effectively tackle issues related to women migrant workers is essential.

Equality Rights and Non-Citizens in Europe and America: The Promise, the Practice and Some Remaining Issues

1996 ◽  
Vol 14 (3) ◽  
pp. 245-275
Author(s):  
Tom Clark ◽  
Jan Niessen
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Trade Agreement ◽  
Social Rights ◽  
International Human Rights Law ◽  
Human Beings ◽  
International Human Rights ◽  
The North ◽  
Human Rights Treaties ◽  
International Human

The article discusses the fundamental role played by the notion of equality and shows that a general promise of equality is a hallmark of the UN system to which non-citizens’ may lay claim. Recent international juridical practice shows a progressive move towards equality between citizens and non-citizens in civil and social rights. An international human rights doctrine and norms have been established for distinguishing between differentiation which is legitimate and discrimination. The article examines the effect of the international test and doctrine of equality for some of the key rights at issue in practice for several categories of non-citizens. The article reflects on the interpretative power of the texts of regional human rights treaties on State obligations under a ratified human rights treaty. When States enter into treaties involving human beings for whatever purpose, for example the North American Free Trade Agreement (NAFTA) or the Treaty on European Union (EU), they do not do so in a legal vacuum. Human beings attract human rights from treaties at the international and regional level. Many States have entered one or more of these human rights treaties so that any other additional treaty must be consonant with the existing human rights treaty obligations. One of the human rights treaty promises is that of human rights in equality. The article argues that when States jointly grant rights or benefits under a further treaty, the further treaty must ensure that the rights jointly granted must be granted in equality. The article concludes that to ensure the promise of non-discrimination for non-citizens requires further initiatives and suggests efforts to ensure treaties impacting non-citizens are ratified (especially those relating to economic and social rights and migrant workers), a review of existing treaties involving non-citizens, a more careful application of non-discrimination provisions by human rights treaty bodies and further efforts to establish the equality doctrine and norms in international human rights law by seeking to use the doctrine in complaints and reporting mechanisms.

scholarly journals The Long March in the New Era: Conquering Implementation Gaps between Chinese Municipal Law and the International Human Rights Law on Non-Discrimination

2019 ◽  
Vol 3 (2) ◽  
pp. 317
Author(s):  
Qinxuan Peng
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Urban Areas ◽  
Legal Protection ◽  
International Standards ◽  
Chinese Society ◽  
International Human Rights ◽  
New Era ◽  
International Human ◽  
Implementation Gaps

China has entered a New Era with an aspiration to safeguard human rights through law. However, implementation gaps are found when comparing the current Chinese domestic laws on non-discrimination with the requirements set by international human rights treaties and international labour standards on eliminating discrimination in the labour market. This article illustrates how rural migrant workers are an underprivileged group in Chinese society, emphasising the inferior treatment they experience due to their agricultural hukou residential status in urban areas. The study identifies several implementation gaps between the international standards and the Chinese domestic legal system on non-discrimination, serving as the very first step to eradicate de facto and de jure discrimination and to achieve Legal Protection of Human Rights in the New Era.    

scholarly journals El Estado como garante de los derechos de los pueblos originarios en Argentina / The argentinian State as guarantor of aboriginal’s rights

2019 ◽  
pp. 164-171
Author(s):  
María Florencia Blanco Pighi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal Protection ◽  
Right To Health ◽  
International Human Rights ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

Los derechos humanos de los pueblos originarios, entre ellos, el derecho a la salud, son reconocidos por la Constitución Argentina, por tratados internacionales ratificados por nuestro país, por la normativa interna y por las constituciones provinciales. La Corte Suprema de Justicia de la Nación, mediante el fallo en análisis, establece que la protección de estos derechos debe asegurarse por la vía más idónea, y que, al existir una acción de amparo en curso, la medida cautelar de interposición más reciente, debe ser rechazada.   The Argentinian Constitution, the international human rights treaties ratified by Argentina, the argentine internal regulations and the constitution of several provinces, recognize the aboriginal´s human rights, including the right to health. In the judgment in analysis, the Argentinian Supreme Court of Justice, states that the protection of those rights needs to be accomplish by the most suitable way. When a legal protection action is in curse, the most recently filed action must be rejected.

scholarly journals The Jordanian Legal Protection of Disabled Persons in Accordance to International Human Rights Treaties

2020 ◽  
Vol 16 (7) ◽  
pp. 128
Author(s):  
Sabah Al-Anizat ◽  
Abdelsalam A. Hammash
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Protection ◽  
Disabled Persons ◽  
Special Committee ◽  
International Treaties ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
International Human

This study aims at analyzing the legal system for protection of individuals with disabilities in Jordan, especially after the ratification of the 2007 Convention on the Rights of Persons with Disabilities by Jordan. Then, the Jordanian Kingdom presented three-step measures to guarantee the rights of disabled persons. First, it introduced specific laws into the national legal corpus. Secondly, it made up a three-year strategy to enhance the protection of this particular panel of the population. Thirdly, a special committee was established whose duty is to assess the adequacy of national laws to the International treaties.

Interventionist or internationalist? Coercion, self-determination, and humanitarianism in Third World practice

2021 ◽  
pp. 004711782110594
Author(s):  
Patrick Quinton-Brown
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Third World ◽  
Self Determination ◽  
Genocide Convention ◽  
Specific Kind ◽  
International Human Rights ◽  
International Crimes ◽  
Human Rights Treaties ◽  
International Human

This article argues that contemporary debates around intervention, and especially humanitarian intervention, have misunderstood the meaning of these concepts in Cold War international society. By comparing a specific kind of humanitarian interventionism with a specific kind of internationalism, that of a revolutionist strain of Third World practice, it shows that existing studies have paid too little attention to discursive entanglements of coercion, self-determination, and humanitarianism. The Angola case provides a significant illustration: in 1975 the problem of intervention comes to be tied not just to dictatorial interference, but to a logic of self-determination, which is itself tied to causes of anticolonialism and anti-racism. It is too easy to say that the period’s rules of non-intervention precluded the legitimate coercive prevention of atrocities and related international crimes. Particular practices of internationalism, linked to the promotion of self-determination, provided a basis for enforcing international human rights treaties, including the Genocide Convention. All this seems very different from what we usually know of the legitimacy of saving strangers and the character of Third World organising in the mid-20th century.

The Process of Viet Nam’s Preparation of the National Report under the United Nations Human Rights Council’s Universal Periodic Review

2016 ◽  
Vol 17 (1) ◽  
pp. 102-117
Author(s):  
Thi Kim Ngan Nguyen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Viet Nam ◽  
Periodic Review ◽  
International Human Rights ◽  
Universal Periodic Review ◽  
Human Rights Council ◽  
Human Rights Treaties ◽  
International Human ◽  
The United Nations

Viet Nam has finished two national reports under the United Nations Human Rights Council’s Universal Periodic Review. The Vietnamese national reports were prepared in accordance with the general guidelines of the Human Rights Council and experience learnt from other countries. However, the process of Viet Nam’s preparation of its national reports reveals some shortcomings that should be considered. In order to fulfill the obligations of international human rights treaties of which Viet Nam is a party, the process of Viet Nam’s preparation of national reports should be continuously improved to further ensure and promote fundamental human rights in Viet Nam.

The Idea of International Human Rights Law

2019 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Moral Concept ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

The Institutional Future of the Covenants

2018 ◽  
Author(s):  
Felice D Gaer
Keyword(s):  
Human Rights ◽  
Body System ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Treaty Monitoring ◽  
Treaty Body ◽  
International Human ◽  
Normative Standards ◽  
Individual Petition

Longstanding proposals to strengthen implementation of the international human rights treaties have often focused on procedural reforms such as harmonizing methods of work or consolidating ten treaty monitoring bodies into one. This article reviews past reform efforts and then considers proposals to create stronger individual petition mechanisms—including a ‘world court’—as a way of strengthening human rights implementation. After discussing these proposals, the author offers additional ways to make the system more effective and efficient. She rejects the oft-suggested proposal to create a ‘world court’ for human rights, noting legal, organizational, logistical, and financial obstacles. Rather than rushing to tear down the current treaty body system, the author offers a proposal for determining how consolidation of petition proceedings might affect normative standards.

AI and the Global South

2020 ◽  
pp. 587-606
Author(s):  
Chinmayi Arun
Keyword(s):  
Human Rights ◽  
Third World ◽  
Global South ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
Development Goals ◽  
The Third World ◽  
Postcolonial History

This chapter details how AI affects, and will continue to affect, the Global South. The term “South” has a history connected with the “Third World” and has referred to countries that share postcolonial history and certain development goals. However, scholars have expanded and refined on it to include different kinds of marginal, disenfranchised populations such that the South is now a plural concept—there are Souths. The AI-related risks for Southern populations include concerns of discrimination, bias, oppression, exclusion, and bad design. These can be exacerbated in the context of vulnerable populations, especially those without access to human rights law or institutional remedies. The chapter then outlines these risks as well as the international human rights law that is applicable. It argues that a human rights–centric, inclusive, empowering context-driven approach is necessary.

Sign in / Sign up

Export Citation Format

Share Document