ABSTRACT

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law.

The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights.

This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas.

The Open Access version of this book, available at https://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

chapter |22 pages

Introduction

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part A|66 pages

partA

chapter 1|16 pages

Understanding the landscape

TLM in context
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chapter 2|18 pages

Normative and conceptual framework

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chapter 3|30 pages

General legal principles

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part B|179 pages

partB

chapter 4|44 pages

Article 27

Is TLM an appropriate form of assistance to parents to meet their children's development needs?
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chapter 5|41 pages

Articles 10(2) and 5

Can TLM policies better support the maintenance of transnational child-parent relationships?
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chapter 6|44 pages

Article 16

Do TLM policies generate arbitrary interferences with children's family life?
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chapter 7|39 pages

Articles 18 and 7

State obligations to protect the child-parent relationship: Securing a place for children's rights in TLM
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chapter |9 pages

Conclusion

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