The concept of the migrant as rights bearer at law is surprisingly recent and under-developed. Migrants have traditionally been seen as outsiders, persons who are in society but not yet of society. Migrants are at best invitees, ’guests’ for whom presence in a country is a privilege. This is the first of two volumes which bring together writings which trace the evolution in thinking about migrants as legal subjects and rights holders. The articles cover: issues around state sovereignty and migrants as subjects of international law; the articulation of rights; different categories of migrants; issues around health and disability. The volume also features an extended article on the proposal for an International Migrants’ Bill of Rights (IMBR) put forward by an international consortium of academics and students. A related volume Refugees and Rights is also published as part of the series.
Table of Contents
Contents: Introduction; Select bibliography. Part I Challenging State Sovereignty: Migrants as Subjects of International Law: The human rights of migrants in general international law: from minimum standards to fundamental rights, Vincent Chetail; Nationality and alienage, John Finnis; Being here: ethical territoriality and the rights of immigrants, Linda Bosniak. Part II Defining Rights Across Borders: Making people illegal, Catherine Dauvergne; Travel plans: border crossings and the rights of transnational migrants, Ratna Kapur; Human rights and the elusive universal subject: immigration detention under international human rights and EU law, Cathryn Costello. Part III Family, Gender and the Rights of Children: Migration, gender, and the limits of rights, Siobhán Mullally; Revisiting the meaning of marriage: immigration for same-sex spouses in a post-Windsor world, Scott Titshaw; Arendt’s children: do today’s migrant children have a right to have rights?, Jacqueline Bhabha; Of relative rights and putative children: rethinking the critical framework for the protection of refugee children and youth, Mary E. Crock. Part IV Migrant Workers: At the border and between the cracks: the precarious position of irregular migrant workers under international human rights law, Laurie Berg; Numbers vs. rights: trade-offs and guest worker programs, Martin Ruhs and Philip Martin; The invisible worker, Lenni B. Benson; In defence of the migrant workers convention: standard setting for contemporary migration, Bernard Ryan. Part V Health and Disability: Immigration status and basic social human rights: a comparative study of irregular migrants' right to health care in France, the UK and Canada, Sylvie Da Lomba; Migrating to Australia with disabilities: non-discrimination and the convention on the rights of persons with disabilities, Ben Saul. Part VI The International Migrants Bill of Rights Project: International Migrants Bill of Rights, with commentary. Name index.
Mary Crock is Professor at the Sydney Law School, University of Sydney, Australia.