scholarly journals Clinging to a knife’s edge: the Live-in Caregiver Program

2021 ◽  
Author(s):  
Leona Carmelita Pagunuran Canay
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
Immigration Policies ◽  
Political Rights ◽  
Colonial History ◽  
Feminist Thought ◽  
Foreign Domestic Workers ◽  
Narrative Interviewing

Since the 1900s, Canada has heavily relied on foreign domestic workers. This program has evolved over the years into what is currently known as the Live-in Caregiver Program (LCP). It is rooted in our colonial history and has reproduced power imbalances between employers and caregivers. Challenging dominance is a difficult task given that immigration policies perpetuate inequalities through the denial of social, economic and political rights to caregivers. I selected this topic based on my experiences as a live-in caregiver with this program. This study uses anti-colonialism and feminist thought to examine the experiences of three former LCP workers. Through narrative interviewing, the findings indicate that the live-in requirement of the LCP has contributed to the abuse, exploitation and marginalization of these caregivers. The study concludes with a discussion of the ways in which the structure of the program can be modified to prevent further exploitation and human rights violations.

scholarly journals Clinging to a knife’s edge: the Live-in Caregiver Program

2021 ◽  
Author(s):  
Leona Carmelita Pagunuran Canay
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
Immigration Policies ◽  
Political Rights ◽  
Colonial History ◽  
Feminist Thought ◽  
Foreign Domestic Workers ◽  
Narrative Interviewing

Since the 1900s, Canada has heavily relied on foreign domestic workers. This program has evolved over the years into what is currently known as the Live-in Caregiver Program (LCP). It is rooted in our colonial history and has reproduced power imbalances between employers and caregivers. Challenging dominance is a difficult task given that immigration policies perpetuate inequalities through the denial of social, economic and political rights to caregivers. I selected this topic based on my experiences as a live-in caregiver with this program. This study uses anti-colonialism and feminist thought to examine the experiences of three former LCP workers. Through narrative interviewing, the findings indicate that the live-in requirement of the LCP has contributed to the abuse, exploitation and marginalization of these caregivers. The study concludes with a discussion of the ways in which the structure of the program can be modified to prevent further exploitation and human rights violations.

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 Managing Female Foreign Domestic Workers in Singapore: Economic Pragmatism, Coercive Legal Regulation, or Human Rights?

2010 ◽  
Vol 43 (1) ◽  
pp. 99-125 ◽  
Author(s):  
Eugene KB Tan
Keyword(s):  
Human Rights ◽  
Domestic Workers ◽  
Legal Regulation ◽  
Policy Makers ◽  
International Marriages ◽  
Key Stakeholders ◽  
Promotional Efforts ◽  
Foreign Domestic Workers ◽  
The Government ◽  
Permanent Residents

Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people living in Singapore are foreigners, concerns of human rights and justice are largely peripheral, if not absent from the immigration discourse. This is seen most clearly in employment issues pertaining to foreign female domestic workers (FDWs), most of who come from other parts of Southeast Asia. ‘Rights talk’ is largely absent even as activists seek to engage the key stakeholders through the subtle promotion of rights for such workers.The government, however, has resisted framing the FDW issues as one of rights but instead has focused on promotional efforts that seek to enhance the regulatory framework. This dovetails with the reality that immigration law also functions as quasi-family law in which the freedom of FDWs and other foreign menial workers to marry Singapore citizens and permanent residents are severely restricted. As such, the immigration regime's selectivity functions as a draconian gatekeeper. Justice and human rights are but tangential concerns.

Contemporary Sources of Human Rights Violations

2017 ◽  
Author(s):  
Mahmood Monshipouri
Keyword(s):  
Human Rights ◽  
Necessary Condition ◽  
Human Rights Violations ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Human Rights Abuse ◽  
New Thinking ◽  
Women And Children ◽  
Prevalent Form

Given the systematic threats facing humanity, there is an urgent need for new thinking about the human rights project. The most prevalent form of global abuse exists in the form of violence against women and children. Sexual violence has been considered the most pervasive, yet least recognized human rights, abuse in the world. Equally prevalent among the modern sources of threats to physical integrity rights are the pervasive practice of torture and the issue of poverty and the threats it poses to human dignity and human rights. Individual civil-political rights and the rights of minorities, including women, ethnic and religious minorities, and indigenous people have been protected at times and violated at other times by states. Moreover, some observers argue that group rights should be properly understood as an extension of the already recognized collective rights to self-determination of people. But this broad spectrum of human rights violations can be organized into two categories: domestic and international. The domestic sources include both local and national sources of human rights abuses, and international sources entail international and global dimensions. These analyses are interconnected and reinforcing, but they can be contradictory at times. Understanding such complex interrelations is a necessary condition for describing factors and processes leading to abuses. In an applied sense, this understanding is essential for suggesting how we should proceed with the protection of basic human rights. Although there is agreement on the most pressing problems of human suffering, there is no consensus over the answers.

Introducing the Human Rights Violations Dataset for the Kurdish Conflict in Turkey, 1990–2018

2019 ◽  
Vol 25 (4) ◽  
Author(s):  
Demet Yalcin Mousseau ◽  
Justin Napolitano ◽  
Alex Olsen
Keyword(s):  
Human Rights ◽  
Armed Conflicts ◽  
Human Rights Violations ◽  
Political Rights ◽  
Human Right ◽  
Rebel Groups ◽  
Women And Children ◽  
Kurdistan Workers Party ◽  
Kurdish Conflict ◽  
Conflict Research

AbstractThis study introduces a new event dataset on the human rights violations in the Kurdish conflict in Turkey perpetrated by both the State and the armed rebel group, the PKK (the Kurdistan Workers Party), from 1990 to 2018. The dataset codes human rights violation events that victimize civilians, including women and children, identifying the perpetrator, type of victim, type of human right violation, and the place of the violation. The categories of human rights violations include the physical and political rights drawn from the laws and treaties adopted by the U.N., such as killings or deaths of civilians, illegal detention and arrests, and freedom of peaceful assembly. The dataset is useful in examining the trends and motives of perpetrators in committing these violations and for seeking to understand the extent to which state and non-state rebel groups abide by international norms in armed conflicts. The framework of this dataset, although developed for the Kurdish conflict, is applicable and can be extended to other armed conflict cases, facilitating cross-conflict research on a more comparative basis.

Intensifying legal protection against human rights violations in the Covid-19 era: A case study of Kenya, Uganda and Tanzania

2020 ◽  
Vol 7 (2) ◽  
pp. 90-122
Author(s):  
Ratemo Tom Junior
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Legal Protection ◽  
Human Rights Violations ◽  
Political Rights ◽  
East African ◽  
African Countries ◽  
Marginalised Groups ◽  
Global Health Care ◽  
Court Proceedings

The coronavirus pandemic has, since its outbreak in late 2019, not only caused a global health care crisis but has also had a negative impact on the exercise of social, economic, cultural and political rights. Vulnerable and marginalised groups in Kenya, Uganda and Tanzania are among the worst affected. To respond to the crisis, the three East African countries imposed several measures aimed at curtailing the spread of the disease, which included a mandatory 14 days of self-quarantine for persons arriving from abroad; the closure of borders, religious and educational institutions; the suspension of international and domestic flights; the suspension of public court proceedings and gatherings; the imposition of a dusk to dawn curfew; and the restriction of people’s movement in certain areas. All these measures in one way or another affect the exercise of fundamental human rights. In the past few months, the number of reported cases of human rights violations has been escalating. This article seeks to highlight the three states’ practice of avoiding the ‘naming, shaming and prosecuting’ of perpetrators of human rights violations during the coronavirus pandemic. It also exposes instances of human rights violations in Kenya, Uganda and Tanzania during the pandemic. In addition, the paper proposes measures to be undertaken to intensify legal protection against human rights violations during the coronavirus pandemic. Finally, the paper explores the elusive option of making the top state officials legally accountable for individual human rights violations.

Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence

2013 ◽  
Vol 22 (1) ◽  
pp. 201-220 ◽  
Author(s):  
Fulvia Staiano
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Diplomatic Immunity

Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

scholarly journals review jurnal pelanggaran HAM terhadap TKI di malaysia

2021 ◽  
Author(s):  
Rahmat Amir
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Qualitative Method ◽  
Analytical Techniques ◽  
Domestic Workers ◽  
Transnational Crime ◽  
Human Rights Violations ◽  
Trafficking In Persons ◽  
Descriptive Research ◽  
Economy Condition

Malaysia is a main destination for Indonesian labors in Southeast Asia. Indonesian Labors that worked in Malaysia wanted to fix their family’s economy condition, but their existence is thus vulnerable to human rights violations in particular domestic workers sector. Cases of human rights violations experienced by Indonesian Labors in Malaysiainclude trafficking in persons for labor which is a form oftransnational crime. This research aims to know the human rights violations experienced by the labor of Indonesia in Malaysia period 2011-2013. This research is using a qualitative method with descriptive research analytical techniques type through research studies of the literature and interviews. This research uses the concept of human rights and theory of transnational crime in liberalism paradigm. The results obtained from this research indicate that human rights violations experienced by Indonesian labor domestic workers sector in Malaysia happened during the pre-labor placement and the placement period

scholarly journals The Functions of Selected Human Rights Institutions and Related Role-Players in the Protection of Human Rights in Zimbabwe

2016 ◽  
Vol 19 ◽  
pp. 1 ◽  
Author(s):  
Howard Chitimira ◽  
Pontsho Mokone
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Political Rights ◽  
Ordinary People ◽  
Economic Rights ◽  
National Human ◽  
Protection Of Human Rights ◽  
Role Players ◽  
The Government ◽  
National Human Rights Institutions

Various human rights violations on the part of the ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s to date. It is widely acknowledged that such violations were mostly perpetrated by the government through its different organs for political and other related reasons.  Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights) in Zimbabwe.  Given this background, the article discusses the protection of human rights in Zimbabwe, in light of the Zimbabwe Constitution Amendment 20 of 2013 (Zimbabwe Constitution 2013). This is done in order to investigate whether the promotion, protection, enforcement and the respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely, the civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission are briefly discussed first.  Secondly, the functions of selected regional and international institutions, namely, the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided. Keywords: human rights; judiciary; protection; enforcement; violations.

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