scholarly journals THE INACCESSIBILITY OF JUSTICE FOR MIGRANT WORKERS: A CAPABILITIES-BASED PERSPECTIVE

2018 ◽  
Vol 34 (2) ◽  
pp. 20-39 ◽  
Author(s):  
Bethany Hastie
Keyword(s):  
Conceptual Framework ◽  
Migrant Workers ◽  
Foreign Worker ◽  
Capabilities Approach ◽  
Legal Rights ◽  
Regulatory Structure ◽  
Legal Remedies ◽  
The Face ◽  
Temporary Foreign Worker Programs ◽  
Access Mechanisms

This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations.

scholarly journals Migrant workers and fissured workforces: CS Wind and the dilemmas of organizing intra-company transfers in Canada

2017 ◽  
Vol 41 (2) ◽  
pp. 372-396 ◽  
Author(s):  
Eric Tucker
Keyword(s):  
Migrant Workers ◽  
Foreign Worker ◽  
Legal Issues ◽  
International Mobility ◽  
Skilled Workers ◽  
Legal Limits ◽  
Temporary Foreign Worker Programs ◽  
Permanent Employees ◽  
Seasonal Agricultural Workers

Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where ICTs and other migrant workers are employed alongside permanent employees, raising difficult legal issues and strategic dilemmas. This article presents a detailed case study of one union’s response to this situation.

scholarly journals Unbalanced Scales of Global Capitalism: Analyzing Temporary Foreign Worker Programs in Canada

2016 ◽  
Vol 5 (1) ◽  
pp. 32-43
Author(s):  
Emma Callon
Keyword(s):  
Migrant Workers ◽  
Foreign Worker ◽  
Global Capitalism ◽  
The People ◽  
The Social ◽  
Potential Benefits ◽  
Global North ◽  
Temporary Foreign Worker Programs ◽  
The Relationship

This article analyzes several characteristics of two of Canada’s Temporary Foreign Worker Programs (TFWPs): The Seasonal Agricultural Worker Program (SAWP) and the Live-in Caregiver Program (LCP). First, I consider the social and economic contexts in which these programs have emerged. Second, I discuss how these programs maintain racial and gendered hierarchies. Third, I problematize the relationship TFWPs have with citizenship status, as well as critique TFWPs as a long-term solution to Canadian labour shortages. Last, I discuss the potential benefits of these TFWPs and suggest alternatives and potential improvements to the programs. Using a Marxist framework, this analysis situates Canada’s TFWPs within the broader political economy and argues that global capitalism and the state interact to serve the people and economies of the Global North at the expense of migrant workers from the Global South. Cet article examine deux programmes des travailleurs étrangers temporaires (PTET) du Canada: le Programme des travailleurs agricoles saisonniers (PTAS) et le Programme concernant les aides familiaux résidants (PAFR). Cet essai examine plusieurs aspects des PTET. Premièrement, je tiens compte du contexte social et économique dans lequel ces programmes sont apparus. Deuxièmement, j’explique comment ces programmes maintiennent une hiérarchie basée sur la race et le sexe. Troisièmement, je pose le problème des relations entre les PTET et le statut de citoyen, et je formule également une critique du PTET comme solution à long terme à la pénurie de main-d’œuvre canadienne. Enfin, je discute des avantages potentiels de ces PTET et propose des solutions de rechange et des façons d’améliorer les programmes. À l’aide d’un cadre d’analyse marxiste, les PTET du Canada sont évalués globalement dans le contexte de l’économie politique et il est proposé que le capitalisme mondial et l’État interagissent au service des citoyens et des économies de l’hémisphère nord, au détriment des travailleurs migrants en provenance de l’hémisphère sud.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

PENGADAAN TANAH UNTUK PEMBANGUNAN PROYEK PEMERINTAH SETELAH BERLAKUNYA PERATURAN PRESIDEN NOMOR 65 TAHUN 2006

Authentica ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
S Sarsiti
Keyword(s):  
Human Population ◽  
Legal Issues ◽  
Land Acquisition ◽  
Legal Rights ◽  
Project Development ◽  
Land Area ◽  
Legal Remedies ◽  
Government Project

 The increase in the human population will also increase the need for land, but this cannot be accompanied by an increase in the existing land area. This paper discusses land acquisition for government project development after the enactment of Presidential Regulation Number 65 of 2006; and legal remedies if there is no agreement in the process of land acquisition. These legal issues are approached by normative methods with conceptual approaches and legislative approaches. Land acquisition for development for Government projects is carried out through the process of Releasing Legal Rights if no agreement is reached, then the Regent / Mayor or Governor or Minister of Home Affairs according to the authority submits a proposal for a settlement by revoking land rights.Keywords: land acquisition, a release of rights, revocation of rights.

Status of Crime Victims in Bangladesh

2021 ◽  
pp. 251660692110572
Author(s):  
Mohammad Omar Faruk ◽  
Sanjeev P. Sahni ◽  
Gerd Ferdinand Kirchhoff
Keyword(s):  
Crime Victims ◽  
Legal Rights ◽  
Public Confidence ◽  
Criminal Cases ◽  
Colonial Legacy ◽  
Legal Provisions ◽  
The Status ◽  
The Face ◽  
Research Findings ◽  
Women And Children

Though a few provisions for the victim of crimes were indirectly recognized since the nineteenth century, from 2000 onwards, legal entitlements for crime victims are realized in Bangladesh with a specific focus on women and children. So far, few analyses are found to be performed mainly by the legal experts, emphasizing legal rights and remedies with recommendations for legal reform. However, studies on the status of victims’ rights seem to be incomplete without considering administrative as well as social reality—dominated by colonial legacy and traditional practices—beyond the written clauses in the law books. This study is one of the pioneering attempts in Bangladesh to understand the status of crime victims against the backdrop of recent legal changes and to examine the argument whether the legal provisions itself are enough in providing victims with intended benefits without simultaneous social and administrative changes. Within the theoretical framework of balancing victim’s rights and informal social control (victim blaming), this qualitative study (through content analysis) reviewed all criminal laws and research findings related to victim’s rights within a socio-legal approach in terms of victim’s access, participation, protection, services and compensation. Along with the rights legally granted to victims, available research findings were interpreted in connection to those particular rights. It is found that there are unsupportive social milieu, administrative subculture and political practices, where victims of crime are strongly restrained from enjoying their rights. Particularly, the status of crime victims is found to be undermined in the face of corruption, low public confidence on enforcing agencies, gross withdrawal or discharge of criminal cases on political grounds, limited geographical coverage of victim support services and shelter homes, lengthy process for compensation and unavailability of rules or guidelines to enforce the rights.

Legal Rights in Scotland

2020 ◽  
pp. 417-449
Author(s):  
Kenneth G C Reid
Keyword(s):  
Middle Ages ◽  
Weak Form ◽  
Legal Rights ◽  
Property A ◽  
Dependent Children ◽  
Late Middle Ages ◽  
The Face ◽  
Avoidance Measures ◽  
The Law ◽  
Scottish Government

The rules of mandatory family protection in Scotland date from the late Middle Ages and were a close copy of the rules then (but no longer) in force in England. Originally they comprised two distinct ‘legal rights’ (as they came much later to be known). In the first place, the surviving spouse had a usufruct in the immovable property of the deceased, known as ‘terce’ (for widows) and ‘courtesy’ (for widowers). Courtesy extended to the whole immovable property, terce only to one-third. In the second place, the movable property of the deceased was divided into three equal parts. The surviving spouse had a claim (the ‘relict’s right’ or jus relictae) to one part, and the surviving children to another (‘legitim’). The final one-third (‘dead’s part’) was the testator’s to dispose of in his will. Terce and courtesy were abolished, rather unthinkingly, in 1964. Today, therefore, the surviving spouse and children are protected against disinheritance only in respect of movable property – a weak form of protection made weaker still by the absence of anti-avoidance measures that would prevent testators giving property away during their lifetimes. The law is widely acknowledged to be unsatisfactory, but there is less agreement as to how it should be changed. One view is that legal rights should be extended to immovable property. Another view is that legitim should be replaced by a maintenance claim for dependent children (only). In the face of these competing views, the Scottish Government has recently decided to leave the law unchanged.

Unfair Dismissal Law and Temporary Migrant Labour in Australia

2018 ◽  
Vol 46 (1) ◽  
pp. 19-48
Author(s):  
Joanna Howe ◽  
Laurie Berg ◽  
Bassina Farbenblum
Keyword(s):  
Migrant Workers ◽  
Job Security ◽  
Employment Law ◽  
Migrant Labour ◽  
Legal Remedies ◽  
Temporary Migrant ◽  
Unfair Dismissal ◽  
Federal Jurisdiction

Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the ability of temporary migrant workers to access legal remedies under Australian employment law. This article examines whether temporary migrant workers are able to make and pursue a claim for unfair dismissal within the federal jurisdiction. As unfair dismissal law seeks to protect job security and provides an essential check on managerial prerogative, it is important that temporary migrant workers are able to access this legal avenue to protect them from arbitrary dismissal. We argue there are serious deficiencies in the application, coverage and content of federal unfair dismissal law in relation to temporary migrant workers in Australia.

Grassroots struggles to protect occupational and environmental health

2019 ◽  
pp. 189-210
Author(s):  
Kathy Jenkins ◽  
Sara Marsden
Keyword(s):  
Occupational Health ◽  
Environmental Justice ◽  
Environmental Health ◽  
Working Conditions ◽  
Union Membership ◽  
Migrant Workers ◽  
Trade Unions ◽  
Downward Pressure ◽  
The Face ◽  
Changing Patterns

This chapter is based on a number of international case studies of grassroots occupational and environmental health struggles that are attempting to link workplace, environment and community. Interviews with key people involved in each struggle, in combination with documented campaigns and our own experience as occupational and environmental health activists, have provided a picture of the changing patterns of work under neoliberalism, and the implications for community and workers’ struggle for environmental justice and occupational health. Themes include the erosion of the distinction between work and community and between the workplace and the environment; the increasing casualisation and precarity of work; downward pressure on working conditions; repression of trade unions and decline in union membership; deregulation of work, safety and environmental protection; and particular risks faced by women, young and migrant workers. Union and community organisers are employing diverse tactics in the face of these challenges.

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