Social Rights

Annick Pijnenburg

Chapter 94 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 546-550 from Edward Elgar Publishing

Abstract: The social rights of migrants include labour rights as well as the rights to social security, an adequate standard of living, health, and education. They are protected by numerous instruments, including the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the Refugee Convention. In principle, social rights apply to migrants. By virtue of their sovereignty, states can limit the extent to which they realize the social rights of migrants, provided they comply at least with their core obligations and with the principle of non-discrimination. An important challenge in implementing the social rights of migrants is that sending states in the Global South champion migrant rights, whereas receiving states in the Global North are reluctant to recognize migrants’ social rights.

Keywords: Labour rights; Right to an adequate standard of living; Right to social security; Right to health; Right to education; International Covenant on Economic; Social and Cultural Rights; Non-discrimination; Core obligations (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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