移徙工人人权保护的困境及对策——《保护移徙工人及其家庭成员国际公约》的视角

The Dilemmas and Solutions of the Human Rights Protection of Migrant Workers:From the Prospective of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

国际移徙主要发生在"南北"之间。移徙工人对世界经济的包容性增长和可持续发展做出了重要贡献,但他们的人权经常受到侵犯。而近几年频发的极端恐怖袭击和大规模难民潮所引发的发达国家严重排外情绪和政策,更是使移徙工人遭遇前所未有的人权危机。《保护所有移徙工人及其家庭成员权利国际公约》是联合国专门保护移徙工人人权的重要公约,但因作为移徙工人主要就业国的发达国家均未批准该公约,该公约的机制形同虚设。作为移徙工人主要来源国的发展中国家应加强合作,推动发达国家承担人权保护责任。

Intemational migration mainly happens between the North and the South. Migrant workers have made important contributions to the inclusive growth and sustainable development of the world economy, but their human rights are often violated. In recent years, frequent extreme terrorists attacks and the large-scale refugee influx which have triggered anti-foreign sentiment and policies in developed countries. Under this circumstance, migrant workers are facing an unprecedented human rights crisis. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention which especially protects human fights of migrant workers by the United Nations. But this con- vention has not been ratified by any of developed countries where most migrant workers seek employment, which has made this convention an empty shell. Developing countries where most migrant workers originate from, should strengthen the cooperation and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries, and ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as soon as possible.