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Care, Migration and Human Rights: Law and Practice

Care, Migration and Human Rights: Law and Practice

Author: Siobhan Mullally
Publisher: Routledge
ISBN: 9781138792869

Published In: February 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781138701847

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Contents

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This book addresses the specific position of domestic workers in the context of evolving human rights norms.

Human rights law has somewhat belatedly begun to address the structured inequalities and exclusions that define the domain of domestic work. The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – have frequently been neglected. However, as in other areas of international law, it is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law.

Drawing upon a broad range of case studies, Care, Migration and Human Rights presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the CJEU and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. In addition to the question of how migration status impacts upon the effective realisation of rights, the editors also explore wider problems such as the continuing gendered division of labour and the absence of state or societal supports.

This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.

1. Introduction, Sarah van Walsum and Siobhán Mullally

2. Care or work: the tyranny of categories, Ann Stewart

3. Care Work in the European Court of Human Rights Case-Law: What Perspectives beyond Servitude and Forced Labour?, Fulvia Stiaino

4. What’s Love got to do with it?, Sarah van Walsum

5. Restricting Access to Labour Markets and to Employment Standards for Migrant Domestic Workers in Europe: the consequences of constructing ‘illegality’, Cliodhna Murphy

6. Enacting rights, producing exclusions: the ILO Convention on Decent Work for Domestic Workers, Siobhán Mullally

7. Law, custom and practice: domestic workers in the Middle East and Gulf States,Gulnara Shahinian

8. Obstacles to Claiming Rights: Migrant Domestic Workers in Asia’s World City, Hong Kong, Nicole Constable

9. Valuing Domestic Workers: Law, Empowerment and Human Rights of Migrant Filipino Workers in Pakistan, Ayesha Shahid