Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Securing Social Security for Migrant Workers: 1 Orthodox Approaches or an Alternative (Regional/Political) Path for Southern Africa?

Securing Social Security for Migrant Workers: 1 Orthodox Approaches or an Alternative... TERRY CARNEY ∗ I. INTRODUCTION The South African Constitutional Court decision in Khosa2 has rightly been acclaimed for recognising a human right to welfare for certain ‘settled’ but noncitizen immigrant workers. Likewise, the extensive rights for immigrant workers under the 1990 Convention on the Rights of All Migrants and their Families read as a ‘gold standard’ international treaty. Social and economic rights of migrant workers are endorsed by an array of International Labour Organisation (ILO) instruments and in the recent General Comment on Social Security (November 2007) of the UN Committee on Economic, Social and Cultural Rights, which elaborates the meaning of the right to welfare in Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). So why is there so little to show for these pronouncements? Are such measures largely doomed to failure, and why might a radically new regional or political approach be needed? The explanation for the lack of practical impact, it will be suggested, lies in the understandable political entrenchment of a ‘national’ concept of citizenship rights, coupled with the magnitude of the forces involved in global movements of finance, trade and migratory labour. The first will be shown to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Securing Social Security for Migrant Workers: 1 Orthodox Approaches or an Alternative (Regional/Political) Path for Southern Africa?

Loading next page...
 
/lp/edinburgh-university-press/securing-social-security-for-migrant-workers-1-orthodox-approaches-or-iOiO0jknij
Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2010
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/E0954889009000498
Publisher site
See Article on Publisher Site

Abstract

TERRY CARNEY ∗ I. INTRODUCTION The South African Constitutional Court decision in Khosa2 has rightly been acclaimed for recognising a human right to welfare for certain ‘settled’ but noncitizen immigrant workers. Likewise, the extensive rights for immigrant workers under the 1990 Convention on the Rights of All Migrants and their Families read as a ‘gold standard’ international treaty. Social and economic rights of migrant workers are endorsed by an array of International Labour Organisation (ILO) instruments and in the recent General Comment on Social Security (November 2007) of the UN Committee on Economic, Social and Cultural Rights, which elaborates the meaning of the right to welfare in Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). So why is there so little to show for these pronouncements? Are such measures largely doomed to failure, and why might a radically new regional or political approach be needed? The explanation for the lack of practical impact, it will be suggested, lies in the understandable political entrenchment of a ‘national’ concept of citizenship rights, coupled with the magnitude of the forces involved in global movements of finance, trade and migratory labour. The first will be shown to

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Mar 1, 2010

There are no references for this article.