Евразийская интеграция: экономика, право, политика (Jul 2022)

International Protection of Migrant Workers Rights and Migration Legislation

  • V. P. Kirilenko,
  • G. V. Alekseev,
  • M. Z. Chaava

DOI
https://doi.org/10.22394/2073-2929-2022-02-84-94
Journal volume & issue
Vol. 16, no. 2
pp. 84 – 94

Abstract

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In the context of deepening international integration in the Eurasian space, the study of the legal protection of migrant workers is fundamental issue for both ensuring socio-economic fairness and gradual transformation of the state sovereignty into the institutional basis of supranational constitutionalism, which guarantees the protection of fundamental human rights and freedoms.Aim. Improving the legal regulation of labor migration at the international, supranational and state levels through the harmonization of migration legislation in the Eurasian region.Tasks. Identification of conflicts and inaccuracies in the legal regulation of labor migration, as well as the development of recommendations for implementation of international agreements on the organized recruitment of workers between the receiving countries and countries of origin of migrants.Methods. A comparative legal analysis of international, supranational and state migration law in the process of research is supplemented by a discursive analysis of scientific literature on labor migration issues.Results. Protecting the socio-economic rights of migrant workers is the main task of host states, where migrants can become ether a criminogenic factor or a constructive social element. It is rational to organize national regulation of labor migration in integration associations of states, such as the EAEU, on the principles of national treatment for migrant workers. International agreements on the organized recruitment of workers between receiving countries and countries of origin of migrants should ensure the adaptation of migrants to the legal regime of the host country, the participation of migrants in the functioning of civil society institutions, and the monitoring of migration processes.Conclusion. Labor migration strengthens integration unions, creating strong social ties and developing civil society institutions within the boundaries of integration associations. Since state sovereignty is inextricably linked with the protection of the interests of fellow citizens, insofar as in the process of regulating labor migration, all states participating in regional integration are called upon not only to protect the rights of migrant workers, but also to provide all conditions for migrants to fulfill their obligations to civil society.

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