CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE HUMAN RIGHTS OF MIGRANT WORKERS IN THE CONTEXT … usually referred to as Treaty Bodies. In addition, there may be, as result of Optional Protocols to the treaties and UN Working Groups, the capacity for individuals and States to apply directly for a determination of their allegations of violations of human rights. Conclusions The discussion of migrants’ human rights has become more visible and “mainstream” over the last two decades, and, evidently, the framework of practical, legal protection of migrants is not at an “early” stage of development. Rather, the sources of this protection can be found in human rights law, international labour standards and criminal law. Migrants are not inherently vulnerable, but they can be vulnerable to human rights violations. While migration is positive and enriching, both for migrant workers themselves and for the counties and communities that receive them, it is increasingly clear that a lack of human rights-based migration governance at the global, regional and national levels is leading to the routine violation of migrants’ rights in transit, at international borders, and in the countries they migrate to. 52 It is important and necessary to ensure that, regardless of their categorisation, migrants are granted the protection to which they are entitled under international law by virtue of their unique and individual circumstances.

52 Migration and Human Rights. Available at: https://www.ohchr.org/en/issues/migration/Pages/MigrationAnd HumanRightsIndex.aspx.

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