Protection of Fundamental Human Rights at Work for Migrant Workers in the European Union

This thesis is focusing on the protection of fundamental human rights at work for third country migrant workers in the European Union, a region which attracts more and more migrant workers in recent years. The first Chapter introduces the background briefly, the methodology and the sources on which the research is conducted on and provides the scope and definition of the issues which are under discussion. Following this part, further detailed information relating with migration into EU and the situation concerning the four fundamental principles and rights at work for migrant workers are presented by analysing the collected data, news from media, reports and surveys targeting at this issue by international organizations. This part also explains the reasons for doing this research. The third Chapter explains what the fundamental rights at work are and their legal basis as well as the importance of protection of these rights for the vulnerable migrant workers. The fourth and Fifth Chapter are composed of the legal analysis. The fourth part introduces the relevant international instruments from the UN and ILO which are most relevant and supportive with migrant workers’ fundamental rights at work. The comments made by the Committee of Experts on the Application of Conventions and Recommendations of ILO which supervises the implementation of those conventions in the ratified countries: whether the national legislation is in compliance with the international standards; how the conventions are applied in practice; the difficulties arising from the practice. The fifth Chapter emphasises on the European legal instruments, by analysing the relevant articles in the European and EU Conventions, Resolutions and Directives and case laws. This research aims to examine the extent the migrant workers’ fundamental rights could be protected by the regional legal mechanisms. In the final Chapter, the thesis concludes the importance of ratification of those international conventions, and looks for methods to improve the protection of fundamental human rights at work for migrant workers