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22 New International Human Rights Standards in Unauthorized Immigrant Worker Rights: Seizing an Opportunity to Pull Governments Out of the Shadows

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Chapter Summary

This chapter presents a call for comparative work on the issue of the legal regimes affecting unauthorized immigrant workers. It proposes considerations for constructing effective comparisons of this complex policy area, arguing for three underlying principles: (1) that comparative legal studies relating to this population must transcend the traditional enforcement focus on deportation, sanctions and trafficking and encompass all of the intertwined domestic legal regimes that strongly impact the human rights of migrants; (2) that, conforming to a growing trend in comparative methodology, this work must examine the vindication of labor and employment rights and acknowledge the special problem of delivering justice and fashioning remedies for a shadow labor force; and (3) that the research must be structured to acknowledge and further the new international standards relating to unauthorized immigrant workers.

Keywords: employment rights; international human rights; international standards; labor force; legal regimes; migrants; unauthorized immigrant workers



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