1. Recht doen of recht hebben: een analyse van de rechten van de migrant op bescherming door de staat tegen arbeidsuitbuiting
- Author
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Lodder, G.G., Rodrigues, P.R., Heijden, P.F. van der, Rijken, C.R.J.J., Lange, T. de, Leun, J.P. van der, Erkens, M.Y.H.G., Klaassen, M.A.K., and Leiden University
- Subjects
Free movement of persons ,Human trafficking ,Human rights ,Labour exploitation ,Migration of third country nationals ,Labour migration - Abstract
Labour exploitation of migrants is a serious problem worldwide, also in Europe and in the Netherlands. Since the entry into force of the Palermo Protocol (2000), labour exploitation has been regarded as a form of the criminal offense of human trafficking. This means that the approach is largely aimed at the most serious forms of exploitation and at criminal prosecution of the perpetrators. The legal position of the victims is subordinate to the criminal proceedings. This study focuses on the rights of migrants to protection against labour exploitation; in the EU and in the Netherlands in particular. Labour exploitation is herein defined as a violation of labour standards laid down in different jurisdictions. Based on an analysis of human rights, criminal law, the right to free movement of persons and migration law for third country nationals, how protection is offered to migrants against labour exploitation. The research identifies the rights that migrants can derive from these four jurisdictions and analyses how access to these rights are facilitated by the state. Due to this combination of aspects, this study contributes to increasing insight into migrant's rights to protection against labour exploitation by the state.
- Published
- 2022