Kilka refleksji na temat związków migracji międzynarodowych z problematyką międzynarodowej ochrony praw człowieka i przestrzenią polityki społecznej

Abstract

The article is devoted the relationships between the sphere of labour relations, social policy and the transnational labour mobility. The growing scale of international labour migrations becomes a source of many challenges for international human rights law and the social policies of sending and receiving countries. According to the International Organization for Migration (IOM) more than 3 percent of the world's population lived outside the country of origin in 2010. Migration has become an important tool contributing to the positive social changes in numerous developing countries. International labour mobility very often improving the economic and social situation of migrants, which positively affects the sphere of human rights. Equally often transnational labor mobility becomes a source of a variety of problems in the context of human rights. The initial part of this article is devoted to the analysis of the most common human rights risks experienced by migrants. The second part of this article is focused on the legal situation of migrants during the different stages of migration processess. I will closely examine the provisions of the UN and the ILO conventions concerning migrant workers` rights, documents adopted by the regional international organizations, as well as selected documents of the national legislation. I will point out the current challenges facing the sector of social policy aimed at minimizing the negative consequences of migration flows. Social policies are often a reflection of the general political interests and the demography of the state. Its provisions are often not relevant to the needs and aspirations of all categories of migrants, or the interests of citizens wishing to migrate. The next part of the article is focused on the activities of civil society actors to minimize the negative social consequences of labor mobility as well as direct support to migrants. The aim of my particular attention is the analysis of the effectiveness of the already adopted documents concerning legal protection of migrants, and the specific social policy regulations, in terms of minimizing the negative social consequences of transnational labour mobility. The aim of this article is to draw attention to the most important problems experienced by the international labour migrants.