ABSTRACT

This chapter assesses the migrant premium related to access to justice. It draws on two important dimensions of the international context: on the one hand, human rights law, particularly articles 18–24 of the ICPRMW and articles 14 and 16 of the ICCPR; on the other, recent commitments to sustainable development incorporated in the 2030 Sustainable Development Agenda, which recognise the important link between effective access to justice (Goal 16) and sustainable development. Access to justice, as a fundamental right in itself and as a precondition of the enjoyment of all other rights, is especially crucial for migrant workers, as a vulnerable group, and provides a unique tool to reduce the costs resulting from discrimination, abuse and violence. Despite its own up-front costs, access to justice represents an essential tool to mitigate the costs deriving from violations of rights. The chapter covers costs related to lack of awareness of rights and available remedies; costs deriving from laws that make access to justice for migrant workers difficult in practice; costs connected to court fees and interpretation and representation services; costs related to the efficiency and quality of the justice system; and costs arising from inadequate remedies and lack of enforcement of decisions. It argues that the efforts of the international community to implement the Sustainable Development Agenda and achieve its goals, and the related monitoring framework put in place, carry a strong potential to produce important benefits in terms of relieving part of the migrant premium.