Earticle

초록

영어

Protecting of migrant workers based on international standards, such as international human rights law, International Convention on the Protection of the Rights of All Migrant Workers(the Migrant Workers Rights Convention or the Convention) and Members of their Families, International Labor Organization Convention, contracting bilateral treaty with the state of origin of migrant workers, signing and ratifying the Migrant Workers Rights Convention, and improving the domestic legal system, may lead to mitigate domestic extreme policy against migrant workers Legislation is an important means to ensure fair and effective opportunity and treatment of migrant workers and leads human rights awareness and attitude change. In law and practices in everyday life, in order to equal labor rights and basic human rights of migrant workers, interaction and close strategies are necessary. dissemination and education of the relevant international human rights norms, policy and legal arrangement should be concurrently implemented in harmony. Granting the right to vote and to participate in the political activities to migrant workers is effective means to help them integrate into society. Dual citizenship and the implementation of non-discrimination law against migrant workers can improve of social integration and equal opportunities of them. The role of the judiciary as the last bulwark of human rights is also important. In enactment. enforcement and application of law, protecting the rights of migrant workers and strengthening the their status, the principle of equality and non-discrimination policy should be respected. When the Migrant Workers Rights Convention is not signed and the Convention does not inserted in domestic law, it is important that the states adopt new regional convention or implement existing international human rights law, but it should be recommended that acceding and ratifying the relevant international treaties is preceded.

목차

I. 서 언
  1. 이주의 역사
  2. 국제이주문제
 II. 이주노동자 권리에 관한 국제문서
  1. 일반
  2. 이주노동자권리협약
  3. 국제노동기구협약
  4. 유럽인권문서
  5. 여타 국제문서
 III. 국제규범상 이주노동자의 권리
  1. 사회적 권리
  2. 문화적 권리
  3. 시민적 및 정치적 권리
  4. 국내적 이행문제
 IV. 미등록 이주노동자의 노동권
  1. UN 이주노동자권리협약
  2. 국제노동기구협약 No. 143과 권고 151
  3. 2003 미주인권재판소의 권고 - 평등과 차별금지원칙의 강행규범성
 V. 국내법제도 개선
  1. 한국의 이주노동자의 실태와 문제점
  2. 국내법제도 개선
 V. 결 어
 참 고 문 헌
 

키워드

이주노동자권리협약 국제노동기구협약 기본권 평등 차별금지원칙 미등록이주노동자. International Convention on the Protection of the Rights of All Migrant Workers af Members of their Families International Labour Organization Convention Fundamental Rights Equality Principle of Non-Discrimination Undocumented Migrant Worker.

저자

• 장복희 [ Chang, Bok-Hee | 선문대학교 법학과 조교수, 법학박사. ]

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