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İÇİNDEKİLER
CONTENTS
ACKNOWLEDGEMENT 5
CONTENTS 7
ACRONYMS AND ABBREVIATIONS 11
INTRODUCTION 13
CHAPTER 1
THE CONCEPT, REASONS, AND PREREQUISITES FOR THE
EMERGENCE OF LABOR MIGRATION
1.1. MODERN LABOR MIGRATION AND ITS TRENDS 17
1.1.1. The Concept, Causes, and Trends of Modern Labor Migration 17
1.1.1.1. Origins of Modern Labor Migration 17
1.1.1.2. Economic Factor as the Main Cause of Modern Labor
Migration 18
1.1.1.3. The Concept of Labor Migration 20
1.1.1.4. General Trends and Types of Labor Migration 21
1.1.2. The Impact of Labor Migration on the Globalization Process 23
1.1.3. Problems Arising Due to Labor Migration 28
1.1.4. Illegal Labor Migration as an Unsettled Process 31
1.2. MIGRANT WORKERS AS A VULNERABLE GROUP 35
1.2.1. The Concept of Migrant Workers 35
1.2.2. Categorization of Migrant Workers 40
1.2.3. Differentiation between Refugees and Migrant Workers 43
1.2.4. Migrant Workers and their Vulnerability 48
1.3. CAUSES OF LABOR MIGRATION FROM CENTRAL ASIAN COUNTRIES TO
RUSSIA 52
1.3.1. The Collapse of the USSR as the Main Factor in Mass Migration 52
1.3.2. Political and Economic Problems of the countries of Central Asia 55
1.3.3. Demographic Problems Contributing to Labor Migration 60
CHAPTER 2
INTERNATIONAL LEGAL FRAMEWORK FOR THE PROTECTION
OF THE RIGHTS OF MIGRANT WORKERS
2.1. MIGRANT WORKERS AND HUMAN RIGHTS 65
2.1.1. Universal International Human Rights Standards 65
2.1.2. Human Rights of all Migrants 68
2.1.3. Human Rights of Migrant Workers 71
2.2. INTERNATIONAL LEGAL NORMS REGULATING THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS 74
2.2.1. The Concept of International Labor Standards 74
2.2.2. Base and other International Labor Standards of the ILO
Governing the Rights of Migrant Workers 76
2.2.3. Migration for Employment Convention (Revised), 1949 (No. 97) 83
2.2.4. Migrant Workers (Supplementary Provisions) Convention, 1975
(No. 143) 86
2.2.5. International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (ICRMW) 92
2.2.5.1. Structure of the ICRMW 92
2.2.5.2. The principle of non–discrimination 93
2.2.5.3. Main Provisions of Parts III and IV of the ICRMW
Concerning the Human Rights of Migrant Workers 94
2.2.5.4. Housing Rights of Migrant Workers 97
2.2.5.5. Family Members of Migrant Workers 97
2.2.5.6. Rights to Education 99
2.2.5.7. Political Rights 101
2.2.5.8. Right to Protection from Expulsion 102
2.2.5.9. Rights of Migrant Women 103
2.2.6. Drawbacks of the UN Convention (ICRMW) in Relation to ILO
Standards 104
2.3. THE ROLE OF ILO AND CMW IN THE FIELD OF HUMAN RIGHTS
PROTECTION OF MIGRANT WORKERS 107
2.3.1. Influence features of ILO in relation to the rights protection of
migrant workers 107
2.3.1.1. Features and Properties of the ILO 107
2.3.1.2. ILO Bodies 109
2.3.1.3. Control Functions of the ILO 110
2.3.1.4. ILO Complaint Procedures 111
2.3.2. Control functions of the CMW over compliance with the ICRMW 113
2.4. THE ROLE OF INTERNATIONAL LAW AND THE LAWS OF THE RUSSIAN
FEDERATION 115
2.4.1. Influence of the norms of international law on the legal system
of the Russian Federation 115
2.4.2. Ratified norms of International Law on the Protection of the
Rights of Migrant Workers in Russia 120
2.4.3. Laws of the Russian Federation Defining the Legal Status of
Migrant Workers 123
2.5. EURASIAN ECONOMIC UNION (EAEU) AND LABOR MIGRATION
(ADVANTAGES AND DISADVANTAGES) 125
2.5.1. Features of the EAEU Treaty in the Field of Labor Migration 125
2.5.2. Legal Problems of Labor Inequality in Russia within the
framework of the EAEU 128
2.5.3. EAEU and CIS regarding the Free Movement of Migrant Workers
from Central Asia 132
2.5.3.1. Influence of the Eurasian Economic Commission (EEC)
on the Labor Force Movement 132
2.5.3.2. The Role of the CIS in the Integration of Migrant
Workers from Central Asia in Russia 135
CHAPTER 3
PROBLEMS OF LEGAL REGULATION OF MECHANISMS FOR PROTECTING THE RIGHTS OF MIGRANT WORKERS FROM CENTRAL ASIA IN THE RUSSIAN FEDERATION
3.1. MECHANISMS FOR PROTECTING HUMAN RIGHTS AND FREEDOMS 139
3.1.1. Supranational Protection Mechanisms 140
3.1.2. National Protection Mechanisms 148
3.2. PROBLEMS OF THE LEGAL STATUS OF MIGRANT WORKERS 157
3.2.1. Constitutional and Legal Status of Foreign Citizens and Stateless
Persons in the Russian Federation 157
3.2.1.1 Constitutional Rights of Foreign Citizens and Stateless
Persons 157
3.2.1.2. Constitutional Problems in the Regulation of the
Human rights of Migrant Workers in Russia 162
3.2.2. Issues of Legal Regulation of the Federal Law No. 115–FZ 166
3.2.3. Problems of the Legal Status of Migrant Workers from Central
Asia in Russia 169
3.2.3.1. Legal Status of Migrant Workers 169
3.2.3.2. Central Asian Migrant Workers 171
3.3. PROBLEMS RELATED TO MECHANISMS FOR PROTECTING THE RIGHTS
OF MIGRANT WORKERS 173
3.3.1. Negative Social Factors Affecting the Integration Process of
Migrant Workers 173
3.3.2. Shortcomings of the System Mechanisms Obstructing the
Protection of the Rights of Migrant Workers 180
3.3.2.1. Main Categories of Shortcomings 180
3.3.2.2. Ineffective migration control system 181
3.3.2.3. Low level of protection for migrant workers 185
3.3.2.4. Lack of an effective judicial protection system 187
3.3.2.5. Lack of control mechanisms over the activities of
employers 189
3.3.3. Problems of Improving the Mechanisms for Protecting the Rights
of Migrant Workers 191
3.3.3.1. Ways of Improving Protection Mechanisms 191
3.3.3.2. Change and Improvement of the System of Migration
Registration and Control 192
3.3.3.3. Strengthening the Legal Framework with the Help of
International Conventions Protecting the Rights of
Migrant Workers 193
3.3.3.4. Strengthening the Legal Protection of Migrant Workers 194
3.3.3.5. Strengthening Judicial Protection 195
3.3.3.6. Improvement of Law Enforcement Mechanisms 196
3.3.3.7. Interactions with Civil Society in the area of Labor
Migration by Authorized State Bodies 197
3.3.3.8. Raising awareness of Russian Society about the Rights
of Migrant Workers 198
3.3.3.9. Russia's Cooperation with International Organizations 199
CONCLUSION 201
REFERENCES 203 |
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