To what extend are the migrant workers’ rights positioned within the discourse of human rights

Sonmez Efe, Sureyya (2015) To what extend are the migrant workers’ rights positioned within the discourse of human rights. In: Politics and law in Turkish migration. Transnational Press London. ISBN UNSPECIFIED

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Abstract

“World community has entered into the varying degrees in to a universal community and violation of rights in one part of the world is felt everywhere…the idea of cosmopolitan right is therefore not fantastic and overstrained; it is a necessary complement to the unwritten code of political and international rights, transforming it into a universal right of humanity. Only under this condition can we flatter ourselves that we are continually advancing towards perpetual
peace” (Immanuel Kant, 1795).

This statement succinctly summarises an ideal picture of an international system of rights through the lenses of cosmopolitanism; the only way to accomplish perpetual peace is to have a universal system of rights that makes states and people responsible for their actions and holds them to account within a realm of universal responsibility i.e. ICC (International Criminal Court) is an example of a cosmopolitan approach to moral and legal conduct of states/individuals. The cosmopolitan approach helps us to establish a universal system of law on the grounds of moral values. Thus, in this paper, I aim to analyse the rights of migrant workers taking a Human Rights (HR) based approach in the light of the concept of cosmopolitanism. I will explore the key components of cosmopolitan right which are as follows in this context; migrant workers as autonomous agents, the state and universal system of rights (UN agencies). I will then look at the key factors that become an obstacle for recognition of migrant workers’ rights.

First I will analyse the state sovereignty. State sovereignty poses either as a challenge to the universal system of law that lays out the rights of migrant workers; or according to Kant’s concept of cosmopolitanism, it becomes the core element of the system of rights by acting as a moral agent-the morality of the states are reinforced by subscription to universal moral/legal rights i.e. signing up to the UN HR Conventions.

I will then look at the conversation of the legal rights of migrant workers at International HR Organisations and the states’ attitudes towards the core Universal HR Conventions concerning the rights of migrant workers. Within this section, I will explore the definition of ‘migrant worker’ and the key reasons for nation states’ lack of interest
into these conventions.

Thirdly, I will look at the 2008 Global Economic Crisis (GEC) which is the second factor that affects the recognition and
implementation of HR conventions concerning migrant workers by nation states. I will analyse the impact of the 2008 GEC on global migration flows in general and on migrant workers in particular.

Fourthly, national immigration policies is my final analysis in this paper to show the impact of the GEC on the rights of migrant workers and the role of state sovereignty in implementation of the HR conventions concerning the rights of migrant workers within their territories. I will closely look at the impact of the GEC on the Turkish economy and immigration policy. The analysis of Turkish immigration policy will allow me to draw conclusions to see whether
protection of migrant workers is the priority of the nation states’ policies or not.

Keywords:Human rights, Migrant workers, Turkish immigration policy, International Conventions
Subjects:L Social studies > L200 Politics
Divisions:College of Social Science > School of Social & Political Sciences
ID Code:30304
Deposited On:14 Mar 2018 12:37

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