RIGHTS OF MIGRANT WORKERS WITH REFERENCE TO HUMAN RIGHTS PERSPECTIVES

Abstract

Labour rights are human rights, and the ability to exercise these rights in the workplace is prerequisite for workers to enjoy a broad range of other rights like economic, social, cultural and political. Since, some of the worst violations happen among informal, migrant and women workers in global supply chains. Today most states despite their efforts have remained ineffective in regulating the movement of migrant workers and also screening them properly. Policymakers need to take a practical approach towards the protection of the rights of the migrant labourers as their social situation is difficult. It is a well-observed fact that most countries have taken a lackadaisical approach towards the ILO standards for migrant labourers/ workers. Apparently countries are supposed to incorporate legislative frameworks in accordance with the ILO standards, however, most have failed to do so. The labour laws in India still have a long way to go. Thus, this study determined that while existing law provides substantial coverage for the displaced persons, there nonetheless are significant areas in which it fails to provide sufficient legal protection on account of a number of gaps and grey areas in the law. Such serious gaps could arise in situations falling below the threshold of application of humanitarian law and when restriction or even derogation of a number of human rights may be allowed. Therefore, it is suggested to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of locals and non-locals.