국제법상 이주노동자의 권리와 국내법제도 개선

Human Rights of Migrant Workers under International Law and Improving National Law System

Protecting of migrant workers based on international standards, such as international human rights law, International Convention on the Protection of the Rights of All Migrant Workers(the Migrant Workers Rights Convention or the Convention) and Members of their Families, International Labor Organization Convention, contracting bilateral treaty with the state of origin of migrant workers, signing and ratifying the Migrant Workers Rights Convention, and improving the domestic legal system, may lead to mitigate domestic extreme policy against migrant workers Legislation is an important means to ensure fair and effective opportunity and treatment of migrant workers and leads human rights awareness and attitude change. In law and practices in everyday life, in order to equal labor rights and basic human rights of migrant workers, interaction and close strategies are necessary. dissemination and education of the relevant international human rights norms, policy and legal arrangement should be concurrently implemented in harmony. Granting the right to vote and to participate in the political activities to migrant workers is effective means to help them integrate into society. Dual citizenship and the implementation of non-discrimination law against migrant workers can improve of social integration and equal opportunities of them. The role of the judiciary as the last bulwark of human rights is also important. In enactment. enforcement and application of law, protecting the rights of migrant workers and strengthening the their status, the principle of equality and non-discrimination policy should be respected. When the Migrant Workers Rights Convention is not signed and the Convention does not inserted in domestic law, it is important that the states adopt new regional convention or implement existing international human rights law, but it should be recommended that acceding and ratifying the relevant international treaties is preceded.