THE MICHIGAN
GUIDELINES
ON
THE RIGHT TO
WORK
Introduction
The right to work is fundamental to human dignity. It is central
to
survival and development of the human personality. According to the
International Labour Organization (ILO), decent work “sums up the
aspirations of people in their working lives—for opportunity and
income; rights, voice and recognition . . . .”1 Work
is interrelated,
interdependent with, and indivisible from the rights to life, equality,
the highest
attainable standard of physical and mental health, an adequate standard
of living,
the right to social security and/or social assistance, freedom of
movement, freedom of association, and the rights to privacy and family
life, among others.
Numerous international and regional human rights instruments, as well
as many national constitutions, protect the right to work. The
right to work is contained in Article 23 of the Universal Declaration
of Human Rights. Articles 6, 7, and 8 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR) recognize the right to
work, along with rights at work. In addition, Article 8(3)(a) of the
International
Covenant on Civil and Political Civil Rights (ICCPR) protects against
slavery and forced labor, while Article 32 of the Convention on the
Rights of the Child protects against child labor. The right to work is
also enshrined in Article 5(e)(i) of the International Convention on
the
Elimination of All Forms of Racial Discrimination (ICERD); Article
11(1)(a) of the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW); Article 27 of the Convention on
the Rights of Persons with Disabilities (Disability Convention); and
various
provisions of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families,
particularly Articles 52 to 55. The United Nations Convention Relating
to the Status of Refugees (Refugee Convention) recognizes the right to work in Articles
17, 18, and 19.2
Several regional instruments also recognize the right to work. They
include the European Social Charter of 1961, the Revised European
Social Charter of 1996 (Part II, Article 1) and Article 15 of the
Charter of Fundamental Rights of the European Union; the African
Charter on Human and Peoples’ Rights (Article 15); the Charter of the
Organization of American States (Article 45), the American Declaration
on the Rights and Duties of Man (Article XIV), and the Additional
Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights (Article 6); and the Arab Charter
on Human Rights (Article 34).
In addition, rights at work are protected by international labor
standards, particularly the eight “fundamental” ILO conventions and the
four “priority” ILO conventions. The eight fundamental ILO conventions
are: Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87); Right to Organise and Collective Bargaining Convention, 1949 (No. 98); Forced Labour Convention, 1930 (No. 29);
Abolition of Forced Labour Convention, 1957 (No. 105); Minimum Age
Convention, 1973 (No. 138); Worst Forms of Child Labour Convention,
1999 (No. 182); Equal Remuneration Convention, 1951 (No. 100); and
Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
The four priority conventions are: Labour Inspection Convention, 1947
(No. 81); Labour Inspection (Agriculture) Convention, 1969 (No. 129);
Tripartite Consultation (International Labour Standards)
Convention, 1976 (No. 144); and Employment Policy Convention, 1964 (No.
122). Furthermore, through the ILO Declaration on Fundamental
Principles and Rights at Work (1998), all ILO members have committed to
four principal values, regardless of whether they are party to relevant
ILO conventions. These four principal values are freedom of association
and the effective recognition of the right to collective bargaining;
the elimination of all forms of forced or compulsory labor; the
effective
abolition of child labor; and the elimination of discrimination in
respect of employment and occupation.
The right to work enshrined in international instruments is not the
guarantee of a job, although some treaties, particularly the ICESCR and
ILO Convention No. 122 (Employment Policy Convention, 1964), oblige
states to move towards full and productive employment. At the core of
the right to work is freedom to gain a living by work freely chosen or
accepted. This right entails access to the labor market, as well as the
ability to participate in self-employment and the liberal professions.
In most human rights instruments, this freedom is expressed as a
universal entitlement, and is protected on a non-discriminatory basis.
Freedom to work is a right that is fundamental to the protection of
refugees and others seeking protection which must not be confused with
the reasons for their flight. Unable to return to their country of
origin or nationality, and being without the protection of their own
country,
refugees must have rights to work in the country of refuge. As stated
by one of the framers of the Refugee Convention, “without the right to
work,
all other rights were meaningless.”3 It is also in
the interest of
countries of refuge that refugees are allowed to work. The ability to
engage in
decent work empowers refugees, enabling self-reliance and contribution
to the economy and society. Yet, the right to work is often denied to
refugees and others seeking protection, compounding the persecution,
fear, and displacement they have already suffered. State policy or
conduct that denies the right to work may result in destitution and the
violation of
the prohibition on inhuman or degrading treatment. The obligation of non-refoulement may also be
violated as those unable to work may be compelled to return to a place
of persecution.
In order to uphold the right to work for refugees and others seeking
protection, we have engaged in sustained collaborative study and
reflection on the international legal norms and state practice relevant
to refugees’ right to work. This research was debated and refined at
the Fifth Colloquium on Challenges in International Refugee Law,
convened between November 13 and 15, 2009 by the University of Michigan
Law School’s Program in Refugee and Asylum Law. These Guidelines are
the product of that endeavor, and reflect the consensus of Colloquium
participants.
Freedom
to Work — A Fundamental Right for Refugees
[1] The ability to gain a
living by work freely chosen or accepted is a universal entitlement
enshrined in many international and regional human rights instruments.
Refugees who are unable to work may be compelled by sheer economic
desperation to return to a place of persecution, resulting in a
violation of the obligation of non-refoulement. Failure to permit access to the labor market may render refugees
destitute. It may also result in the unauthorized work of refugees in
dangerous and degrading conditions, and can expose them to physical,
sexual, and gender-based violence. This is
particularly likely given the many layers of vulnerability within
refugee populations such as gender, age, ethnicity, disability, and
trauma. Inability to work may also result in the unauthorized onward
secondary movement of refugees in search of work and an adequate standard of living to support themselves and their families,
subjecting them to risks such as people smuggling and human
trafficking. States are legally obliged to prevent and protect persons
from such exploitation under, inter
alia, the prohibition on inhuman and degrading treatment; the
prohibition on slavery and forced labor; treaties for the suppression
of human trafficking and people smuggling; and numerous treaties
concerning nondiscrimination. In particular, the rights of
asylum-seeking and refugee women must be respected, protected, and fulfilled under CEDAW and other
guarantees of equality.
[2] Permitting refugees’ access
to the labor market enables them to contribute to the economy and to
become self-reliant, benefiting themselves and the local population. In
many cases, refugees have skills that are valuable in countries of
refuge. By contrast, the
enforced unemployment of refugees prevents the acquisition of new
skills and leads to loss of existing skills, dependency, lack of
confidence, and diminished financial resources. Refugees are thereby
cut off from the prospect of local integration. Their prospects of
successful integration in countries of resettlement are also
diminished. Paradoxically, voluntary repatriation may also be hindered
when refugees have been left idle for years and do not have the
resources or skills to return home. As stated by the Executive
Committee of the Programme of the United Nations High Commissioner
for Refugees “the enhancement of basic economic and social rights,
including gainful employment, is essential to the achievement of
self-sufficiency and family security for refugees and is vital to the
process of re-establishing the dignity of the human person and of
realizing durable solutions to refugee problems.”4
A
Dynamic and Liberal Interpretation of the Right to Work Is Required
[3] The Refugee Convention
refers to the Universal Declaration of Human Rights in its preamble.
Therefore the Refugee Convention may be said to have anticipated the
development of the core United Nations human rights treaties and, since
that development, the Refugee Convention is no longer the sole
framework of reference for
the interpretation of its provisions. The Refugee Convention must now
be viewed as part of the corpus of international human rights law, and
read together with other human rights treaties. Every state is party to
one or more of these instruments, ensuring a significant congruence of
states parties. They are complementary and mutually reinforcing
instruments that share the object and purpose of protecting human
rights and fundamental freedoms.
[4] Human rights treaties
require a dynamic interpretation in light of changing circumstances,
and a liberal interpretation that best protects the individual
rights-bearer. Such an interpretation is reinforced by “savings
clauses,” such as Article 5 of the Refugee Convention, which provides:
“Nothing in this Convention shall be deemed to impair any rights and
benefits granted by a Contracting State to refugees apart from this
Convention.” In cases where states are party to more than one relevant
treaty and the treaties contain different obligations, refugees benefit
from the most generous
provisions. Similarly, any limitations on human rights must be
construed narrowly. The burden rests on the state to justify any
limitations in accordance with the usual requirements of necessity,
legality, and proportionality. Where states assert a legitimate
objective in restricting the right to work, the means taken to achieve
that objective must be the least restrictive.
The
Right to Work Under the Refugee Convention
[5] The Refugee
Convention divides the right to work among three articles: Article 17
(wage-earning employment); Article 18
(selfemployment); and Article 19 (participation in the liberal
professions). In each case, the right to work depends on a certain
level of attachment to the country of refuge. Under Article 17, states
parties are required to “accord to refugees lawfully staying in their territory
the most favourable treatment accorded to nationals of a foreign
country in the same circumstances, as regards the right to engage in
wage-earning employment.”5 Article 19 requires the
same level of attachment as Article 17, while Article 18 simply
requires lawful presence. Lawful stay is also required under Article 24
of the Refugee Convention, which concerns rights at work (employment
conditions) and social security.
[6] Refugees have an
internationally recognized right to seek asylum and to be protected
from refoulement under the
Refugee Convention, among other instruments. National determination of
refugee status is declaratory, not constitutive. While domestic law is
the first point of reference, the meaning of the term “lawful” in the
Refugee Convention must refer ultimately to international law and the
factual realities for the particular refugee.
[7] The meaning of the term
“lawful” must be ascertained in accordance with a good faith
interpretation of the Refugee Convention, and in light of human rights
treaties that protect rights on the basis of physical presence and the
premise of equality. If a refugee’s presence in the territory of a
state party to the Convention is not unlawful, in that the state is
aware, or should be aware, of the
refugee’s presence and the state is unable or unwilling to remove the
refugee, then the refugee’s presence may be regarded as lawful for the
purposes of the Refugee Convention.
[8] The term “stay”
distinguishes refugees who are present in the state on an ongoing basis
from those in transit or who are merely visiting. Refugees “lawfully
staying” in states party to the Convention include those recognized as
refugees through individual refugee status determinations (RSD) or as prima facie refugees (refugees
whose status has been determined on a group basis) whether by the state
or by UNHCR; asylum-seekers in a state that fails to determine or to
comply with an RSD system or where the procedure is unduly prolonged;
and refugees waiting for resettlement in another state.
[9] The Refugee Convention
provides for a gradual integration of refugees into host communities,
with a corresponding increase in protection of rights, imposing
obligations to at least consider granting the most generous protection
possible. Article 17(3) requires states parties to give “sympathetic
consideration” to granting the right to engage in wage-earning
employment on the same basis as nationals. Articles 18 and 19 of the
Refugee Convention provide for a standard of treatment “as favourable
as possible and, in any event, not less favourable than that accorded
to aliens generally in the same circumstances.”
[10] Under Article 17(2) of the
Refugee Convention, a refugee with three years of residence in a
country of refuge or who has a spouse or child possessing the
nationality of the country of refuge cannot be subjected to restrictive
measures on aliens or the employment of aliens to protect the national
labor market. The period of three years of residence commences once a
person enters the country, rather than from the time of recognition as
a refugee.
[11] Article 17(1) provides for
a minimum standard of treatment with respect to wage-earning
employment, namely the treatment accorded to most favored foreigners
“in the same circumstances.” According to Article 6 of the Refugee
Convention, the phrase “in the same circumstances” means that refugees
must fulfill any conditions for the enjoyment of the right protected in
Article 17 which a most favored foreigner would also have to meet in
order to enjoy that right. The conditions are attached to enjoyment of
the same rights as the most favored foreigner, not to the requirements
for
becoming a most favored foreigner. Refugees in countries that have
treaties establishing access to the labor market for most favored
foreigners in economic communities or common markets (such as the
European Union or the Economic Community of West African States) must
be accorded the same access to the labor market as non-nationals
covered by these treaties. A liberal interpretation of the language
“most favourable treatment accorded to nationals of a foreign country”
requires that if aliens who are permanent residents are authorized to
work, refugees lawfully staying should be afforded
the same authorization to work as permanent residents.
[12] Article 6 of the Refugee
Convention exempts refugees from conditions that are too onerous for
refugees to meet. If a fee is required in order to obtain a work permit
for most favored foreigners, states should waive the fee for refugees,
in recognition of the generally limited nature of refugees’ resources
and their often precarious financial situations while they are seeking
employment authorization. A case by case assessment may be required.
The
Right to Work Under other Human Rights Instruments
[13] Article 6 of the ICESCR
protects every person’s opportunity to gain a living by work which he
or she freely chooses or accepts. All forms of work, including
wage-earning employment, selfemployment, and participation in the
liberal professions are protected. This right is reflected in many
other universal and regional human rights instruments.
[14] As described by the
Committee on Economic, Social and Cultural Rights (CESCR), Article 6 of
the ICESCR protects “decent work”: “work that respects the fundamental
rights of the human person as well as the rights of workers in terms of
conditions of work safety and remuneration. [Such work] also provides
an income allowing workers to support themselves and their families as
highlighted in article 7 of the Covenant. These fundamental rights also
include respect for the physical and mental integrity of the worker in
the exercise of his/her employment.”6
[15] Article 6 of the ICESCR
protects all individuals within a state’s territory or jurisdiction on
a non-discriminatory basis. “The Covenant rights apply to everyone
including non-nationals, such as refugees, asylum-seekers, stateless
persons, migrant workers and victims of international trafficking,
regardless of legal status and documentation.”7 This
is true for most other international and regional human rights
instruments.
[16] As recognized by the
Committee on the Elimination of Racial
Discrimination in General Recommendation No. XXX and the CESCR in
General Comment No. 20, differential treatment based on a prohibited
ground (such as nationality) will be discriminatory unless the
justification for the distinction is reasonable and objective. Similar
analysis is required under the free-standing protection of equality
under Article 26 of the ICCPR. Under the ICESCR, this requires “an
assessment as to whether the aim and effects of the measures or
omissions are legitimate, compatible with the nature of the Covenant
rights and solely for the purpose of promoting the general welfare in a
democratic society. In addition, there must be a clear and reasonable
relationship of proportionality between the aim sought to be realized
and the measures or omissions and their effects.”8
Covenant rights, including the right to work, cannot be denied or
limited solely on the basis of refugee status.
[17] In addition to refugees,
others protected by non-refoulement
obligations have the right to work. This includes persons
entitled to complementary forms of protection under, inter alia, Article 3 of the
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and Articles 6 and 7 of the ICCPR.
[18] The ICCPR and ICESCR also
require protection of the right to work for persons who for
administrative or practical reasons cannot be returned or for whom
return is unreasonably prolonged. In such cases, limitations may
apply—for example, if return becomes practical, restrictions on freedom
of movement, such as reporting
requirements, may need to be imposed in order to facilitate
return. However, limitations must in all cases comply with
international legal standards. Article 4 of the ICESCR establishes
requirements of legality, compatibility with the nature of the rights
and promotion of the general welfare in a democratic society. A policy
of enforced destitution is incompatible with human rights.9
The
Right to Social Security and Social Assistance
[19] The right to social
security and social assistance is another basic right that is
particularly important to refugees and others who are
unemployed, unable to work, or underemployed. Article 24 of the Refugee
Convention guarantees social security to lawfully staying refugees,
while Article 9 of the ICESCR is a universal entitlement to
social assistance.10 States must account for the
problems that
contributory schemes of social security may impose for refugees and
similarly situated people. The right to social assistance in Article 9
of the ICESCR is interdependent with Article 11 of the ICESCR—a
universal entitlement to an adequate standard of living—and many other
rights, including, most notably, the right to life.
Safeguarding
the Right to Seek Asylum
[20] Good faith compliance with the
obligations in the Refugee Convention requires that asylum-seekers are
able to access prompt and fair RSD (unless asylum-seekers are assumed
to be refugees without the necessity of any individual or group
determination), as well as respect for their human rights. This
includes the right to an adequate
standard of living. State policies or conduct contrary to fundamental
rights carry the risk that an asylum-seeker will be compelled to return
to a place of persecution, thereby violating the obligation of non-refoulement.
[21] Article 6 of the ICESCR is
a universal entitlement, protected on a non-discriminatory basis. Work
is a means to ensure asylum-seekers’ survival, self-reliance and
dignity. Authorization to work will assist in avoiding exploitative
conditions in the informal sector. It will also promote the realization
of durable solutions, and alleviate any pressure asylum-seekers
might place on national welfare systems.
[22] However, it may be
difficult for asylum-seekers to obtain work and states must, in any
event, provide adequate levels of social assistance in accordance with
Articles 9 and 11 of the ICESCR, as well as other interdependent rights
such as the right to the highest standard of mental and physical
health, the right to life, and the prohibition on inhuman or degrading
treatment. State policy or conduct that leads to destitution through
denial of access to social security and assistance and/or the
employment market in the absence of other means of support may violate
the prohibition on inhuman or degrading treatment.
Obligations
with Respect to Refugees’ Right to Work
[23] Refugees, like
other individuals, should be enabled to fulfill their potential, and it
is in the interests of states to ensure this. Refugees face many
barriers to their meaningful participation in the labor market and
attendant risks of exploitation. States have obligations to respect,
protect, and fulfill the right to work so that refugees may
exercise their rights to decent work under the Refugee Convention, the
ICESCR, and other human rights treaties. There are also obligations
with respect to international cooperation and assistance.
[24] Obligations to Respect
In order to make the right to work meaningful, states have an
obligation to provide a secure legal status and associated
documentation to protect refugees from penalization for working without
proper authorization and in order to minimize the risk of exploitation
by unscrupulous employers. Where refugees are found working in the
informal sector, their rights at work, including rights protected by
relevant ILO conventions, such as fair wages and equal remuneration,
must be respected. Refugees must be provided with information in an
accessible language and all necessary guidance and facilities with
respect to the procedure for acquiring a secure legal status and
associated documentation. Any fees should be waived. States must review
laws to ensure that they do not
discriminate on prohibited grounds such as nationality, thereby
limiting employment opportunities for refugees. They must provide
effective remedies for any violations of the right to work. States must
also respect, protect, and fulfill other interdependent rights, such as
the right to housing.
[25] Obligations to Protect
The obligation to protect requires states to take positive measures for
the realization of the right to work. States must protect refugees from
violations of their right to work and rights at work by private actors,
including private employers. States must protect refugees from direct
and indirect discrimination on the basis of, inter alia, race, nationality, or
refugee status, and combat the multiple levels of discrimination
affecting refugees—for example, refugee women, older refugees, refugees
who are sole parents, refugees with
disabilities, refugees living with a mental illness, and refugees
suffering from trauma. States must protect the equal rights of women to
work pursuant to Article 5 (the obligation to eliminate prejudices and
customary practices) and Article 11 (right to work) of CEDAW. They must
ensure that the labor market and work environment “is open, inclusive
and accessible to persons with disabilities.”11 They
must also eliminate practices which have the effect of discriminating
on the basis of race or nationality under ICERD. States must ensure
protection against exploitation by private employers through, inter alia, the provision of a
secure legal status and enforcement of basic labor standards.
Identification of a person as a refugee in any documentation that
confirms the entitlement to work should be avoided. States must take
account of the fact that temporary residence permits may discourage
employers from hiring refugees, thereby interfering with the ability to
exercise the right to work to its fullest. Laws, policies, procedures,
and statements must refrain from demonizing refugees and asylumseekers
in order to avoid contributing to discrimination in the private sector.
[26] Obligations to Fulfill
States must take further steps to fulfill refugees’ rights to work,
including measures such as: development of necessary infrastructure,
including, for example, employment offices; language and skills
training; loans and grants for small businesses; funding for
non-governmental organizations that support refugees’ employment;
recognition of the equivalency of foreign academic, professional and
vocational diplomas, certificates and degrees; fee waivers and
assistance for conversion tests that enable professional
recognition; and incentives for employers to employ refugees. States
should also develop and implement public education campaigns concerning
the rights of refugees and their economic and other contributions to
countries of refuge.
[27] Obligations of
International Cooperation.
Under Articles 55(c) and 56 of the U.N. Charter, all U.N. members
pledge to co-operate in order to achieve “universal respect for, and
observance of, human rights and fundamental freedoms for all.” Article
2(1) of the ICESCR also imposes on state parties obligations of
international assistance and cooperation.12 The
CESCR has underlined the responsibilities of other actors, namely the
ILO and other U.N. specialized agencies, the World Bank, regional
development banks, the International Monetary Fund, the World Trade
Organization, and other relevant bodies within the United Nations
system, to cooperate with states in conformity with Articles 22 and 23
of the ICESCR.13 At the United Nations Millennium
Summit, the international community committed to addressing the special
needs of least developed countries, including through more generous
official development assistance for countries committed to poverty
reduction.14 The preamble to the Refugee Convention
and Recommendation D of the Final Act of the Conference of
Plenipotentiaries which adopted the Refugee Convention also recognize
the obligation to cooperate. International assistance and cooperation
in the refugee context may take the form, inter alia, of resettlement of
refugees, financial assistance, and technical
assistance. It may also take the form of family reunification, labor
migration programs, and development assistance.
Mass Influx
[28] Situations of mass
influx may raise particularly acute problems with respect to protection
of refugee rights. As recognized by the UNHCR Executive Committee, a
mass influx “may, inter alia,
have some or all of the following characteristics: (i) considerable
numbers of people arriving over an international border; (ii) a rapid
rate of arrival; (iii) inadequate absorption or response capacity in
host states, particularly during the emergency; (iv) individual asylum
procedures, where they exist, which are unable to deal with the
assessment of such large numbers . . . .”15 The
element of inadequate absorption or response capacity serves to
distinguish the situation of developing countries from developed
countries. Developed countries are generally able to cope with a rapid
influx of large numbers of asylum-seekers or refugees.
[29] There is no general
derogation clause in either the Refugee
Convention or the ICESCR. “[I]n time of war or other grave and
exceptional circumstances,” Article 9 of the Refugee Convention allows,
in individual cases, provisional measures essential to national
security “pending a determination . . . that that person is in fact a
refugee and that the continuance of such measures is necessary in his
case in the interests of national security.” A situation of mass influx
does not, in and of itself, trigger the ability to impose provisional
measures under Article 9. Even in situations of mass influx, states are
bound by non-refoulement
obligations and must provide temporary refuge, at a minimum.
[30] In the initial phases of a
mass influx, states may legitimately
focus their efforts on emergency humanitarian assistance and RSD,
whether on a group or individual basis. As far as the right to work is
concerned, refugees will not, in the initial phases, be “lawfully
staying” for the purposes of Article 17 of the Refugee Convention.
However, under the Refugee Convention, the right to engage in
self-employment adheres at the early stage of “lawful presence.” The
impact on state resources may be such that states’ ability to fulfill
the right to work under the ICESCR may be weakened. Under the ICESCR,
however, states parties must always meet the minimum core content of
rights under the Covenant and “take steps” towards the realization of
all rights, with international
assistance, if necessary.
[31] States and other actors
must assist those states faced with a mass influx in accordance with
the obligation of international cooperation. This includes “the
provision of financial and in-kind assistance in support of refugee
populations and host communities to promote refugee self-reliance, as
appropriate, thus enhancing the sustainability of any future durable
solution and relieving the burden on countries of first asylum.”16
These Guidelines reflect the consensus of all the participants at the
Fifth Michigan Colloquium on Challenges in International Refugee Law,
held in Ann Arbor, Michigan, USA, on November 13–15, 2009.
Penelope
Mathew
Colloquium Convenor and Chair
University of Michigan/
The Australian National University
|
Rebecca
Cohen
Colloquium Rapporteur
University of Michigan alumna |
Fiona
le Diraison
Colloquium Rapporteur
Visiting Scholar
University of Michigan |
Ryszard
Cholewinski
International Organization for
Migration (personal capacity)
|
Matthew
Craven
University of London |
Alice
Edwards
University of Oxford |
Kate
Jastram
University of California, Berkeley |
Jonathan
Klaaren
University of Witwatersrand,
Johannesburg
|
Bernard
Ryan
University of Kent |
Adam
Weiss
The AIRE Centre |
Caroline
Aiello
Student
University of Michigan
|
Jillian
Blake
Student
University of Michigan
|
Uzma
Burney
Student
University of Michigan
|
Jessika
Croizat
Student
University of Michigan |
Jonah
Eaton
Student
University of Michigan |
Samantha
Funk
Student
University of Michigan
|
Su
Kim
Student
University of Michigan |
Raphaëlle
Monty
Student
University of Michigan |
Juliana
Vengoechea Barrios
Student
University of Michigan |
Nina
Zelic
Student
University of Michigan |
|
The Colloquium
deliberations benefited from the counsel of Dr Kees
Wouters, Division of International Protection, United Nations
High Commissioner for
Refugees.
1.
See Int’l Labour Org., Decent Work
for All,
http://www.ilo.org/global/About_the_ILO/Mainpillars/WhatisDecentWork/lang--en/index.htm
(last visited Mar.
5, 2010).
2.
United
Nations Convention Relating to the Status of Refugees arts.
17–19, July 28, 1951, 189 U.N.T.S. 137 [hereinafter Refugee Convention].
3. Statement of Mr.
Henkin of the United States, U.N. Doc.
E/AC.32/SR.37, Aug, 16, 1950, at 12.
4. General
Conclusion on International Protection No. 50 (XXXIX) (Oct.
10, 1998), available at
http://www.unhcr.org/3ae68c9510.html (last visited Mar. 5,
2010).
5. Refugee
Convention, supra note 2,
art. 17 (emphasis added).
6. Econ. & Soc.
Council, Comm. on Econ., Soc. & Cultural
Rights, General Comment No. 18: The
Right to Work, ¶ 7, U.N. Doc. E/C.12/GC/18 (Feb. 2,
2006) [hereinafter General Comment
No. 18].
7. Econ. & Soc.
Council, Comm. on Econ., Soc. & Cultural
Rights, General Comment No. 20:
Non-Discrimination in Economic, Social and Cultural Rights,
¶ 30, U.N. Doc. E/C.12/GC/20 (July 2, 2009).
8. Id. ¶ 13. See discussion of
Article 4 of the ICESCR in
¶
18 of this document, infra.
9. See ¶ 22, infra.
10. Econ. &
Soc. Council, Comm. on Econ., Soc. & Cultural
Rights, General Comment No. 19: The
Right to Social Security, U.N. Doc. E/C.12/GC/19 (Feb. 4,
2008).
11. Convention on
the Rights of Persons with Disabilities art. 27, G.A.
Res. 61/106, at 65, U.N. GAOR, 61st Sess., Supp. No. 49, U.N. Doc.
A/61/49 (Dec. 13,
2006).
12. International
Covenant on Economic, Social and Cultural Rights art.
2(1), opened for signature
Dec. 19, 1966, 993 U.N.T.S. 3.
13. General Comment No. 18, supra note
6.
14. See Millennium Development Goal 8,
Target 13,
http://www.unmillenniumproject.org/goals/gti.htm (last visited Mar. 5,
2010).
15. Conclusion on
International Cooperation and Burden and
Responsibility Sharing in Mass Influx Situations, No. 100 (LV) (Oct. 8,
2004), available at
http://www.unhcr.org/41751fd82.html (last visited Mar. 5, 2010).
16. Id.