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Implementation in national law by an international human rights standard to protect the rights of migrant workers and members of their families.

To deal with the above incidents from a legal point of view, I think: first of all, states must agree among themselves. Migrant workers earn, send money to their homeland, country of origin, support their family and contribute to the country’s economy (over the past 10 years, more than $ 19 billion came from labor migrants to the Kyrgyz Republic, the president of the Kyrgyz Republic) — this means that the state just needs to make efforts so that migrant workers are insured.
So the government of Uzbekistan began to take measures to protect the rights of citizens of the republic engaged in temporary labor activities abroad. These measures include, inter alia, preferential insurance:
the risks of refusing to grant a patent and other permits for employment,
insurance of risks of non-repayment of loans issued to pay for transport and other expenses for employment abroad, voluntary health insurance.
Since the legislation of sending and receiving countries varies, agreement can only be made on the basis of the International Standards for the Protection of Human Rights: after all, migrant workers are not only a workforce, but also a person.
“Migrant worker” means a person who will engage in, engage in, or engage in paid activity in a state of which he or she is not a citizen.
The term “family members” means persons who are married to or are in a
relationship with migrant workers who are equated with marriage in accordance with applicable law, as well as dependent children and other persons who are recognized as family members in accordance with applicable law or bilateral or multilateral agreements between the respective states.


International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Convention was developed at the initiative of the United Nations and adopted by UN General Assembly Resolution No. 45/158 of December 18, 1990. Entered into force on July 1, 2003. It is an international treaty of a universal nature, dedicated to the rights of a specific group of the population in need of protection: all migrant workers and members of their families. The scope of the convention covers the entire migration process, including preparation for migration, departure, transit, and the entire period of stay and employment in the state
of employment, as well as the return to the state of origin or usual place of residence.
The main purpose of the adoption of the convention is to protect the rights of all migrant workers and members of their families at the international level.
Summarizing the knowledge and experience of the International Labor Organization, United Nations bodies (in particular, the Commission on Human Rights and the Commission for Social Development), the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization,
the World Health Organization, taking into account a practice developed by states on a regional or bilateral basis regarding the protection of the rights of migrant workers and members of their families, a specially created working group Uppal has prepared a draft convention, which was adopted and opened for signature, ratification and accession by General Assembly resolution 45/158 of the United Nations on 18 December 1990.
The main objective of the convention is to promote respect for the human rights of migrant workers. The Convention recognizes that legal migrants should have a wider range of rights than illegal migrants, but it emphasizes that basic human rights must be respected with regard to illegal migrants.
The Convention on the Protection of the Rights of All Migrant Workers has been signed and ratified by more than 50 countries of the world, including Azerbaijan, Kyrgyzstan, and Tajikistan. Russia has not signed or ratified the Convention.
But on November 14, 2008, Russia acceded to the Chisinau Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States.
However, in the Chisinau Convention, a family member of a migrant worker means a person who is married to a migrant worker, as well as dependent children and other persons who are recognized as family members in accordance with the laws of the host Party. This wording is much narrower than the definition in the UN Convention on the Protection of the Rights of All Migrant Workers, therefore it protects the rights of migrant workers and their families worse.
Conclusion: the Russian Federation, despite the fact that it has not signed and ratified the Convention and the protection of all the rights of migrant workers and members of their families, must adhere to the UN standards in the protection of the rights of all migrant workers and members of their families, as it is a member of the UN.

Kaluga region have the migration lawyers: +79206172323

 

Об авторе

Любовь Мосеева-Элье

юрист-правозащитница, многодетная мать и бабушка, блогерка

полная биография тут: http://antipytki.ru/expert/moseeva-ele-lyubov-aleksandrovna-helier-bk-ru/

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