Abstract

GARCIA JUAN, Laura  and  CAICEDO CAMACHO, Dolly Natalia. The legal status of international migrant workers in the inter-american human rights system. Bol. Mex. Der. Comp. [online]. 2018, vol.51, n.152, pp.537-568.  Epub Apr 30, 2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2018.152.12917.

This research starts at the lack of quantitative relevance that the topic of legal status of the international immigrant for labor reasons continues to have amidst the action of the regional Inter-American bodies for the protection of human rights. Concern for the rights of migrant workers and their families is becoming more important as flows to countries that until now have been issuers and non-recipients increase. The Commission and the Court have referred to various situations in which their status as non-nationals places them in a situation of vulnerability that has a direct impact on the violation of their rights, with the immigration control measures and practices exercised by the states constituting the situations that give rise to the greatest number of cases. Although jurisprudence takes into account the principle of equality and non-discrimination based on the immigration status and protection of labor rights, this research concludes that there is still much work to be done in terms of establishing the guran tees of freedom of movement and residence, the acquisition of nationality, and the rights of international immigrants in an irregular administrative situation.

Keywords : international migrant worker; Inter-American Human Rights System; vulnerable groups; movement and residence; undocumented migrants.

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