ABSTRACT

The right to work is an important human right recognised by most major human rights instruments. It is, however, not clear whether and to what extent non-nationals can enjoy the right to work in the host State. As globalisation stimulates international migration more than ever, clarifying the personal application of the right to work has important implications for protecting the human rights of immigrants and for promoting immigrants’ integration in the host country. In practice, the right of non-nationals to work is restricted to varying degrees according to their legal status in the host country. Based on existing human rights standards and jurisprudence, this study intends to clarify the right to work of several categories of non-nationals: long-term residents, temporary residents, refugees and asylum-seekers, illegal immigrants, and migrant workers.