Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN

The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) and undocumented migrant (irregular migrant), regardless of ability level. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist Malaysia in ensuring a holistic and sustainable migration management that takes into account the needs of a whole approach and support from all parties involved, including but not limited to the Malaysian government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the state of Malaysia's migration laws and policies, Part III on the compatibility and incompatibility of Malaysian laws with the ICMW and the position in ASEAN, and Part IV on recommendations.

Accesul lucrătorilor migranți cu statut iregular fără forme la dreptul la muncă

International labor migration flows include a significant number of migrant workers who for specific reasons infringe residence rules in destination countries. These persons are considered to be the most vulnerable category of migrants, being prone to serious violations of their fundamental rights. States of destination have practically universally adopted policies to restrict and control irregular migration. In this context, the objective of this article is to establish the possibility for irregular migrant workers to benefit from the rights and results of their work, and to establish the limits and prohibitions that arise in the event of irregularity. The article examines both the international instruments and practice as well as regional and national approaches used by states in this field.

Ignatzschineria larvae Bacteremia Following Lucilia sp. Myiasis in an Irregular Migrant: A Case Report

Bacteremia induced by wound myiasis is uncommon and therefore rarely suspected by clinicians when treating patients with neglected wounds. We present a case of <i>Ignatzschineria larvae</i> bacteremia as a complication of <i>Lucilia</i> sp. maggot wound myiasis in a young male migrant. This is the first reported human case of <i>Ignatzschineria</i> bacteremia in Slovenia and one of the 2 described in the literature where the fly larvae infesting the wounds of the patient with <i>Ignatzschineria</i> bacteremia were not only suspected to be <i>Lucilia</i> sp. but also entomologically identified.

Deservingness in Judicial Discourse. An Analysis of the Legal Reasoning Adopted in Dutch Case Law on Irregular Migrant Families’ Access to Shelter

In September 2012, the Dutch Supreme Court upheld a judgment of the Hague Court of Appeal that the eviction from basic shelter of a mother and her minor children, who did not have legal residence in the Netherlands, was unlawful. This ruling was instigated by a radically new interpretation of the European Social Charter’s personal scope and caused a major shift in Dutch policy. This article provides a case study into the legal reasoning adopted by the Court of Appeal and the Supreme Court. It argues that, instead of relying on legal doctrinal reasoning for justifying the outcome, both courts referred to factors that the general public relies on to assess people’s deservingness of welfare. This finding raises fundamental questions about the relationship between human rights law and deservingness; and calls, therefore, for further research into the relevance of deservingness criteria in judicial discourse.

EVALUATION OF THE IMPLEMENTATION OF SOCIALIZATION FOR THE PREVENTION OF NON-PROCEDURAL PMI AND THE CRIME OF TRAFFICKING IN PEOPLE (DPPO) IN TAMBAKREJO VILLAGE, GURAH DISTRICT, KEDIRI REGENCY

The rise of cases of non-procedural irregular migrant workers who are treated badly while working abroad has become a problem that is constantly being discussed in the mass media. Direct socialization to the community is expected to reduce the number of cases of Non-Procedural PMI. By targeting areas that send a lot of irregular migrant workers, it is hoped that they can open their eyes to register according to procedures and not be tempted by the incitement of irresponsible and unlawful labor sending agents.

‘Free In, Free Out’: Exploring Dutch Firewall Protections for Irregular Migrant Victims of Crime

Real and perceived risks of deportation may compromise the effective right of irregular migrants to report to the police if they have been a victim of crime. Some localities have therefore introduced so-called ‘firewall protection’, providing a clear separation between the provision of public services and immigration enforcement. This article explores one such policy in the Netherlands: ‘free in, free out’. While the policy began as a local pilot project, in 2015 it was introduced at the national-level alongside implementation of EU Victim’s Rights Directive, and currently represents the only national-level example of ‘firewall protection’ for victims of crime in Europe. This article is based on a socio-legal study that included interviews with informants from governmental and non-governmental organisations. It documents the legal and social reasons for instituting the policy, while critically assessing the challenges in implementation. Finally, it discusses the lessons and opportunities for expanding firewall protection more broadly in a European context.

Violence prevention in vulnerable groups: the case of children and gender-based violence

As of January 2018, nearly 50 million children had been uprooted from their homes due to violence, poverty or natural disasters. In 2016, one in four people seeking asylum in the EU are children. An analysis of nationally representative survey data on the prevalence of violence against children in 96 countries estimates that 1 billion children globally have experienced emotional, physical or sexual violence in the past year. The UN Convention on the Rights of the Child, ratified by nearly all states, must be fully implemented complied with. To support the implementation of the Convention, ten UN agencies incl. WHO have published the INSPIRE Handbook a technical package with seven strategies to end violence against children. Another significant public health issue that needs to be addressed is sexual and gender-based violence (SGBV). Evidence shows that being an irregular migrant or asylum seeker appears to make an individual more vulnerable to SGBV, including sexual assault and rape by traffickers and smugglers. Working alongside displaced communities and with different partners across multiple sectors are the strategies to reduce the risks of SGBV and to ensure support for survivors.

The challenges of the mexican state in the application of the rules of international law in the protection of the rights of unaccompanied irregular migrant girls and children

The irregular migration of children has increased alarmingly in recent years, which is why the institutions of Mexican State have acted accordingly; but nevertheless; the excessive flow and the conditions in which the phenomenon occurs are complex; given the circumstances that surround it. In this sense, the purpose of present is to reflect about the challenges of our country in the application of the internal norm and the control of conventionality, the harmonization between both in order to protect the rights of irregular migrant girls and boys, whit special attention to those who travel without the protection of their family. The conclusions point to the impossibility of Mexico to face the phenomenon that reaches the point of humanitarian crisis, the inapplicability of the internal norm and even less the international one the matter.

Irregular Migration and Its Impact on Refugee Rights

Migration is linked to its general concept and is closely related to the right of the person to freedom of movement and choice of residence inside the borders of each state and the right to leave any country and return to it, including the state. Human migratory movements have become more complex and have taken various forms and means. At the same time, successive waves of refugee movements and their attempts to reach a safe haven away from the dangers that forced them to leave their countries and seek asylum. For this reason, international attention has been growing by international organizations and countries in following up the problems of irregular migration and confronting the negative consequences of it. The literature of the United Nations, in particular, organizations working in this regard and countries have adopted the term irregular migration because of its characters. Addressing the problem of irregular migration with specific rules and clear international mechanisms contributes significantly to the protection of refugees and the promotion of their rights in transit countries or in the countries of destination in which they will settle, and to clarify it’s essential and important role in this regard with the provisions of the international conventions and declarations guaranteeing human rights and protecting them in such cases. In order to clarify such issues, we have chosen to explore the subject in three sections: The first deals with the legal concept of immigration, the legal basis for its treatment and the rights enjoyed by the irregular migrant; The second section deals with the definition of asylum and its legal basis and the rights enjoyed by refugees in order to reach the most important aspects of discrimination between them; In the third section to prevent confusion between the status of migrants and refugee status, the effects of irregular migration on the asylum and refugee system and the international treatment of irregular migration and its impact on refugee rights.