Labor Emigration and Rights Abroad

Author(s):  
Martin Ruhs

This chapter examines how high-income countries' restrictions of labor immigration and migrant rights affect the interests of migrants and their countries of origin, and how migrants and sending countries have engaged with these restrictions in practice. Labor immigration policies are “made” in receiving countries, but they have important consequences for migrants and their countries of origin. The chapter first provides an overview of the interrelationships between labor emigration, rights, and human development before discussing how migrant workers and their countries of origin respond to the trade-off between openness and rights in practice. Given that the human development of people is multidimensional and includes more considerations than just access to legal rights, it is not surprising to see migrant workers making “sacrifices” in some dimensions of development in exchange for advancing others.

Author(s):  
Martin Ruhs

This chapter examines the ethics of labor immigration policy, moving the discussion from a positive analysis of “what is” to the equally important normative question of “what should be.” If high-income countries' labor immigration policies are characterized by a trade-off between openness and some rights for migrant workers, the chapter asks what rights restrictions—if any—are acceptable in order to enable more workers to access labor markets in high-income countries. It proposes a pragmatic approach that takes into account existing realities in labor immigration policymaking and gives more weight to the interests of migrants and countries of origin than most high-income countries currently do when designing labor immigration policies. Based on this approach, the chapter asserts that there is a strong normative case for tolerating the selective, evidence-based, temporary restriction of a few specific migrant rights under new and expanded temporary migration programs that help liberalize international labor migration.


Author(s):  
Martin Ruhs

This book examines how and why high-income countries restrict the rights of migrant workers as part of their labor immigration policies, along with the implications for policy debates about regulating labor migration and protecting migrants. It seeks to reframe the theoretical debates about the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy. The book analyzes the characteristics and key features of labor immigration policies and restrictions of migrant rights in more than forty high-income countries as well as policy drivers in major migrant-receiving and migrant-sending countries. This introductory chapter explains the aims, approach, and main arguments of the book, as well as its terminology and scope, and provides an overview of the chapters that follow.


Author(s):  
Martin Ruhs

Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. This book shows why you cannot always have both. Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, the book finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. The book advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries. It analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.


Author(s):  
Martin Ruhs

This chapter examines the key features of labor immigration programs in high and middle-income countries in practice. After providing an overview of existing academic and policy literature that comparatively discusses labor immigration policies in different countries, the chapter constructs and analyzes two separate indexes that measure the openness of labor immigration programs in forty-six high- and middle-income countries to admitting migrant workers, as well as the legal rights (civil and political, economic, social, residency, and family reunion rights) granted to migrant workers admitted under these programs. The empirical results show that labor immigration programs that target the admission of higher-skilled workers are more open and grant migrants more rights than programs targeting lower-skilled workers. Among programs in upper-high-income countries, labor immigration programs can be characterized by a trade-off between openness and some migrant rights.


Author(s):  
Kazunori Baba

Abstract Significant advances have been made in recent years in clinical application of 3D sonography in both obstetrics and gynecology. Since the author pioneered the use of 3D sonography many new clinical useful techniques have been used for better visualization of early human development and for the diagnostics of many gynecological problems as well as the use of 3D in management of female infertility. In this review we are describing further development in 3D ultrasound, which should be of general interest of readers of this journal.


Advances in computerized substance transmission have expanded in the previous couple of years. Be that as it may, Security and protection issues of the transmitted information have turned into an imperative worry in mixed media innovation. The paper displays a computationally capable and secure video encryption approach with usage of appropriated and parallel condition. The paper expects to make secure video encryption practical for constant applications with no additional committed equipment at recipient side. Verifying is a major testing assignment especially with respect to affirmation of privacy, confirmation and uprightness. Writing indicates utilization of cryptography and steganography to verify distinctive types of computerized information. The wide utilization of correspondence utilizing Internet has encouraged sharing of content as well as sound and video posts in a less difficult way. A standard encryption calculation is particularly material for content and twofold information yet neglects to deal with voluminous video information. An endeavor has been made in the paper to verify recordings utilizing keyed hash calculations. Experimentation unmistakably uncovered the advantages of the proposed plan regarding guaranteeing trustworthiness and realness without trade off in nature of the video.


2018 ◽  
Vol 34 (2) ◽  
pp. 20-39 ◽  
Author(s):  
Bethany Hastie

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.


2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova

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.


2020 ◽  
Vol 8 (1) ◽  
pp. 144
Author(s):  
Socha Tcefortin Indera Sakti ◽  
Ambar Budhisulistyawati

<p>Abstract <br />This article aims to analyze and to understand the legal protection provided to the parties involved in under-hand agreement of the sale of Letter C land. The legal protection or all of the parties involved is contained in the agreement if the agreement specifically stated it in its clauses. The kegal protection outside of the agreement is contained in the laws and regulations in force which is Civil Code and Statute. The legal protection is an important aspect to ensure the fulfillment of a person’s legal rights. Furthermore, it also has other objective, which is to realize legal certainty, legal benefits, and justice for the parties. Legal protection can be preventive or repressive. The agreements made in the underhand sale of Letter C land forms a legal relationship between the two parties. The legal relations are relationships that result in legal consequences guaranteed by the laws and regulations. Every legal act that causes legal consequences must have legal protection, especially when there is a dispute between the parties. Dispute can occur after the under-hand agreement of the sale of Letter C Land was agreed, therefore legal protection is needed to provide solutions, certainty and clarity towards the resolution of the existing as well as the potential post-agreement disputes.<br />Keywords: Legal Protection; Under-hand Agreement; the sale of Land.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian dibawah tangan jual beli tanah Letter C. Perlindungan hukum yang diberikan bagi para pihak dalam perjanjian dibawah tangan terdapat di dalam perjanjian apabila dalam perjanjian disebutkan secara khusus dalam klausula-klausula yang telah disepakati dalam perjanjian. Perlindungan hukum yang terdapat diluar perjanjian yaitu dalam ketentuan peraturan perundang-undangan yang berlaku, yaitu KUHPerdata dan undang-undang. Perlindungan hukum merupakan suatu hal yang penting dalam menjamin terpenuhinya hak-hak hukum seseorang. Selain itu, perlindungan hukum yang diberikan memiliki tujuan lain yaitu guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) maupun represif (memperbaiki). Perjanjian yang disepakati dalam perjanjian jual beli tanah Letter C dibawah tangan menimbulkan suatu hubungan hukum antara dua pihak yang membuatnya. Hubungan hukum sendiri merupakan hubungan yang menimbulkan akibat hukum yang dijamin oleh hukum atau undang-undang. Setiap perbuatan hukum yang menimbulkan akibat hukum harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa diantara para pihaknya. Sengketa pertanahan dapat timbul setelah disepakatinya perjanjian jual beli tanah Letter C, maka dari itu diperlukan perlindungan hokum untuk memberi solusi dan kepastian serta kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati.<br />Kata Kunci: Perlindungan Hukum; Perjanjian di bawah tangan; Jual Beli Tanah.</p>


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