Extent of Effectiveness of Regional and International Human Rights Documents in Protecting the Rights of Migrants

This report examines the effectiveness of regional and international human rights documents in recognizing and protecting the rights of migrants. It focuses on the treatment of migrants in the UK and the enforcement mechanisms in place. The Universal Declaration of Human Rights is discussed as a relevant document for migrant rights. The report concludes with recommendations for making the documents more effective in addressing the recognition of migrant rights.

To what extent are regional and
International human rights
document effective in relation to
recognition and protection of
human rights of migrant.

TABLE OF CONTENTS
TABLE OF CONTENTS................................................................................................................2
INTRODUTION..............................................................................................................................1
TASK...............................................................................................................................................1
REFERENCES................................................................................................................................7

INTRODUTION
Regional human rights documents and instruments like conventions, declarations and
treaties help in localising the international human right norms and the standards reflecting
specific human right concerns of region. The regional human right mechanism helps in
implementing the instruments on ground. Presently well established regional system for human
rights are established in Europe, America and Africa. Social, economic and the cultural rights of
the people are protected at regional levels. Apart from universal mechanisms for protection of
the ESCR, 3 regional systems are established for protecting these rights which are American
System, African System and European System. Present report will address the topic on the extent
to which regional and international human right document effective in relation to protection and
recognition of human rights of migrants. Report will provide about the situation treatment of
migrants in the country. One document over human rights related to the country will be focused
that has ratified. It will provide about the enforcement mechanism of the human rights and the
manner in which change may be reformed.
TASK
Treatment/ Situation of the migrants in UK
Humans have migrated from one place to another throughout the history. Migration takes
place due to different reasons like better economic conditions, reuniting with the families,
escaping from human right abuses like persecution, armed conflicts and the torture. Migrants are
also entitled to same human right protection as the individuals. States can limit the rights of
migrants like right to vote and political participations. Human right treaties explicitly prohibit the
discrimination on basis of the national origin (Von Stein, 2016). It also requires states to ensure
human rights of the migrant are also protected equally. Under international law migrants are to
be given special protection.
In UK, according to the survey of 2018, on average around 16% of the migrants in Britain
described themselves as the part of group which is discriminated in the country due to their race,
religion, nationality or ethnicity. The share is high among UK born population having foreign
born parents.
Adult children of the migrants that are citizens of UK more likely see the inequalities as
compared foreign born people as they have high expectations for equal treatment in Britain.
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Differences are there in ethnic composition of migrant population and UK born with the foreign
parents who only explain the differences partially. Ethnic minorities of UK born are
disadvantaged against the whites who are UK born in outcomes like wages or unemployment and
this causes further discrimination.
The situation indicates that migrants are not treated equally in UK society. Large population
of migrants in UK still face discrimination. There are also people who do not reveal the actual
discrimination being faced by them. Children are seeing more discrimination with foreign
parents. Migrant workers coming to UK are not given equal treatment they face issues at many
of the places like in offices while getting rewards and promotions UK are preferred against
outsiders.
There are several laws established for protecting the human rights but then also several
issues are seen and faced by the migrants in UK. Both regional and international laws are to be
followed by the country regarding human rights.
Human Right engaged in the above situation faced by migrants in UK.
As per the norms of international human rights that are established over inherent dignity
of every individual, migrants are entitled to enjoy fundamental rights that are afforded to all the
people regardless of legal status in State.
Equality and Non Discriminations
The international laws for human rights guarantee freedom from the discrimination in
enjoyment of the human rights for people including the migrants. ICESCR states the Regional
parties to present the Covenant undertakes for guaranteeing the rights enunciated in present
covenant to exercise without discrimination such as colour, race, political, religion, social or
national origin or other status.
Protection against Labour exploitation
Migrants have the safeguards against the labour exploitation under the ILO conventions,
ICRMW and other major treaties for human right treaties (Lupu and Wallace, 2019). The Article
11 of ICRMW prohibits the forced labour, servitude and slavery.
Right to Social Security
Article 27 of ICRMW outlines rights for social security and the notes which all migrant and
the families, regardless of status have right of receiving same treatment as by nationals.
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Universal and the regional human right bodies have found migrant workers have right for social
security.
Regional document on human right documents that country has chosen has ratified
The document selected is “Universal Declaration of the Human Rights, 1948”.
Human Right in the document
The recognition of inherent dignity and equal and the inalienable rights of the members
of human family is foundation of the justice, freedom and peace in world (Universal Declaration
of Human Rights, 1948). The document covers 30 articles laying all the rights for human and for
the migrants. It ensures that people are getting equal human rights around the world.
Rights identified in the treatment situation
In the treatment situation different rights have been identified that are being violated in
UK. The rights in the situation include living without discrimination, rights against the employee
exploitation and rights of social security of the people.
Drafting of the rights
Rights of the human in the document are drafted in the form of Articles. The universal
declaration of the Human Rights is the common standard of the achievement for people and all
the nations.
Nature of rights
Nature of Human rights state the human rights are the special sort of the inalienable
moral entitlements. Specific nature of the human rights consists of the essential preconditions for
the human development, which implies that they could have bearing over relations between
individual and state and between the individuals themselves (Human Right. 2019).
Application of rights in above situation
The human rights given in documents are applicable in the above situation and treatment for
giving them fair treatment and equal human rights in the country. The rights are applicable for
ensuring people are not discriminated on the basis of race, religion or cultural backgrounds
(Jensen, 2016). The rights ensure that the migrant workers are protected against the labour
exploitation.
The document chosen for international human right is Universal Declaration of Human
Rights that outlines the rights and freedom which everyone is entitled to. Thus, this document
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only shows the rights related to human and it limits to working hours and 30 different rights and
freedom are set out. Thus, for reform and to make it more effective on the issue of recognition of
rights, International Convention on the Protection of the Rights of Migrant Workers and
Members (ICRMW)that define migrant workers. Such that under the Article 1, it is mention who
people are engage and has been engaged in a remunerated activity in State (Chaney, 2020). So, it
is clearly reflected that different rights which a human being possess whether they are migrant or
a business man. Prohibition of Torture is also included under Universal Declaration of Human
Rights and it is a peremptory norm of international law that stated no migrant people shall be
torture in any case and no mistreatment should be done.
Hence, this reform is consider one of the most comprehensive treaty on the right of
human which also include migrant workers and also outline their civil and political rights as well
as their economic and social or cultural right. Also, Committee of Migrant Workers is also noted
that ICRMW also outline the minimum rights afforded to migrant workers and this is further
expanded and include many more rights that helps them to freely move. So, Chimienti and
Solomos(2016) reflected their views and stated that this document helps to make sure that it
provide access to health care and right to non- discrimination, as most of them are face this issue.
Enforcement mechanism is understood by the method through which negotiator can
encourage compliance. So it is also stated that enforcement mechanism make sure that policy is
implemented and provide reasons for non-compliance. So there are basically two types of
enforcement mechanism and the document which has chosen for the International Human right
are Universal Declaration of Human Right and this is fall under the positive type of enforcement
mechanism because it provide range of policies and laws that are beneficial for the people
including the migrant workers as well (Crowe, 2019). Thus, it is necessary to enforcement a law
because upholding the laws, the government can control the activities of individual and
companies are also make sure of social justice. Thus, the chosen document are also complied
with positive enforcement mechanism.
As per the migrant worker’s perspective, it is analyzed that this document is fall under the
positive category because it is transparent, which involved sharing and collecting information at
its basic level and it do not affect the results or violating any human right. On the other side,
Bureaucracy is another factor which encourage compliance. As, most of the migrant people
support the law and as a result, people do not misbehave with them, this in turn leads the migrant
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worker to live a life in better manner. Enforce mechanism is also include dispute resolution
agreement and it does not only create space for mediation but it also allow unclear aspect of an
agreement which must be reviewed and interpret (Ikegwuruka, 2020). Thus, these factor clearly
shows that the positive type of Universal Declaration Human Right helps the migrant people to
live here and there without any struggle. Also, such compliance process are also seen as positive
approach to enforcement in order to meet the agreed goals.
In order to make the document more effective on the issue of enforcement of rights,
another law must be comply that helps to meet the goals and provide a new space to the migrant
people i.e. International Covenant on Economic, Social and Cultural Rights 1966 (International
Covenant on Economic, Social and Cultural Right,2018). This document realize own duties to
every individual and to the community to which they belongs. This document is agreed upon 5
different parts in which articles are mention that clearly reflected all the important rights related
to migrant people and general public (Lall, 2020). Moreover, this document also help to realize
that people have their own choice and they are free to move here and there or can easily join the
trade unions of their own choice which is subject to concern.
The document also stated that human have a right to take a part in cultural life and in the
case of migrant people, if they want to migrant for their own reason, then they are able to accept
another culture and are also ready to accept the changes. Moreover, this document also recognize
these rights which derive from inherent dignity of a human person and live peacefully. Hence,
through this manner, human are easily live their life and migrant people are also enjoy their
rights which are provide by the State and Central government in order to make it fall under the
positive enforceable mechanism as well (Wolfsteller, 2020).
CONCLUSION
By summing up above it has been concluded that migrants are not treated in well manner
even though there are many rules and laws are introduced within UK. But people somehow treat
them in wrong manner, for that the study concluded the international human right document
which help to let the people move and live their own life. Report also concluded three main
human right which are engaged by their treatment i.e. Equality and non- discrimination,
Protection against labor exploitation and Right to social exclusion which help the migrant people
to live their life and protect themselves from wrong deeds. Further study also concluded that in
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order to minimize the issue of recognition of right, ICRMW is another document related to
human right which is introduce that assist to make it more effective. Lastly, Universal
Declaration of Human Right is a positive enforcement mechanism that explain some factor
which shows that the document is fall under this category only.
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REFERENCES
Books and Journals
Von Stein, J., 2016. Making promises, keeping promises: democracy, ratification and
compliance in international human rights law. British Journal of Political Science. 46(3).
p.655.
Lupu, Y. and Wallace, G.P., 2019. Violence, nonviolence, and the effects of international human
rights law. American Journal of Political Science. 63(2). pp.411-426.
Jensen, S.L., 2016. The making of international human rights: the 1960s, decolonization, and the
reconstruction of global values. Cambridge University Press.
Chaney, P., 2020. Human rights and social welfare pathologies: civil society perspectives on
contemporary practice across UK jurisdictions–critical analysis of third cycle UPR
data. The International Journal of Human Rights, pp.1-36.
Chimienti, M. and Solomos, J., 2016. How do international human rights influence national
healthcare provisions for irregular migrants?: A case study in France and the United
Kingdom. Journal of Human Rights, 15(2), pp.208-228.
Crowe, S., 2019. Human Rights in a Hostile Environment: Can International Human Rights Law
Effectively Constrain Immigration Detention in the United Kingdom. Legal Issues J., 7,
p.23.
Ikegwuruka, C.U., 2020. Immigration Control, Citizenship, the Interplay of Sovereignty and the
Vicissitudes of the Hostile Environment in the United Kingdom. International Journal of
Law and Society, 3(2), p.47.
Lall, R., 2020. Study of Competition Law Enforcement in India with Reference to Developed
Nations. Global Journal of Transformation in Law, Human Rights and Social Justice
[ISSN: 2581-4001 (online)], 4(1).
Wolfsteller, R., 2020. Out of sync: The failed translation of international human rights in the
creation of the UK Human Rights Act. Journal of Human Rights, pp.1-19.
Online
Human Rights. 2019. [Online]. Available through : < https://ijrcenter.org/thematic-research-
guides/immigration-migrants-rights/#Protection_against_Labor_Exploitation>.
Universal Declaration of Human Rights, 1948. [Online]. Available through :
< https://www.ohchr.org/EN/NewsEvents/HRDay2006/Pages/documents.aspx>.
International Covenant on Economic, Social and Cultural Right. 2018. [Online]. Available
through: <https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx>.
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