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Posts tagged ‘ICESCR’

10
Jul

OP-ICESCR Enters into Force: New Opportunities for Recourse to Work Rights Violations

The 5th of May marked an important day in the human rights world as the Optional Protocol to the International Covenant on Economic Social and Cultural Rights (OP-ICESCR) received its requisite 10th ratification, triggering its entry into force.

????????????????????????????????????????????????????????????????????????????????Now operational, OP-ICESCR offers an avenue through which individuals, groups and third parties may file complaints against ratifying States for violations of rights set forth in the ICESCR. In establishing the complaints procedure, the Protocol offers a much-needed international mechanism by which rights under the ICESCR can be legally enforced. The significance of this is considerable given that ICESCR has been operational for close to 40 years (entering into force in 1976) but, until now, has functioned without any mechanism to enforce those rights. Complaints will be considered by the UN’s Committee on Economic, Social and Cultural Rights (CESCR), a body of independent experts established under ECOSOC and mandated to monitor the implementation of ICESCR.

For Ecuador, one of the 10 countries party to OP-ICESCR and also home to the largest number of refugees in Latin America, the Protocol’s entry into force means that refugees who have been subjected to labor rights abuses at the hand of the State may seek legal recourse at the international level.

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25
Jan

They’re not ‘economic migrants’ – why refugees and asylum-seekers have the right to work

By Penelope Mathew

Professor Penelope Mathew is the Freilich Foundation professor at the Australian National University. Prior to this role, Professor Mathew was a visiting professor and the Director of the Program in Refugee and Asylum Law at the University of Michigan Law School.

In many countries, the bona fides of refugees and asylum-seekers is questioned. It is asserted that the narrow exception to states’ powers over immigration established by the 1951 Convention relating to the Status of Refugees (‘Refugee Convention’) is abused by persons seeking economic advancement. Some believe that refugees and asylum-seekers are taking something that does not belong to them; that they are getting special treatment; and that citizens are the losers as a result.

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