Care, Migration and Human Rights: Law and Practice (Routledge Research in Human Rights Law)

The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status - has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on 'primary care providers', as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies. "This book addresses the specific position of domestic workers in the context of evolving human rights norms. Human rights law has somewhat belatedly begun to address the structured inequalities and exclusions that define the domain of domestic work. The continuum of exploitation that has historically defined the everyday of domestic work exclusion from employment and social security standards and precarious migration status have frequently been neglected. However, as in other areas of international law, it is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Drawing upon a broad range of case studies, Care, Migration and Human Rights presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the CJEU and the European Court of Human Rights on 'primary care providers', as well as the effect that trends in migration law have on migrant domestic workers. In addition to the question of how migration status impacts upon the effective realisation of rights, the editors also explore wider problems such as the continuing gendered division of labour and the absence of state or societal supports. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies"-- Provided by publisher Cover......Page 1 Half Title......Page 2 Title Page......Page 6 Copyright Page......Page 7 Dedication......Page 8 Table of Contents......Page 10 List of Contributors......Page 11 1. Introduction: Decent Work, Domestic Work: Gendered Borders and Limits......Page 12 2. Care or Work? The Tyranny of Categories......Page 22 3. Care Work in the European Court of Human Rights' Case Law: Beyond Servitude and Forced Labour?......Page 48 4. Migrant Domestic Workers in the UK: Enacting Exclusions, Exemptions and Rights......Page 70 5. Obstacles to Claiming Rights: Migrant Domestic Workers in Asia's World City, Hong Kong......Page 101 6. Access to Justice for Undocumented Migrant Domestic Workers in Europe: The Consequences of Constructed Illegality......Page 121 7. Traditions, Law and Practice: Migrant Domestic Workers in Lebanon......Page 142 8. Migrant Filipino Domestic Workers in Pakistan; Agency, Rights and the Limits of the Law......Page 161 Index......Page 182