The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 82
Paragraph- Paragraph text
- The Special Rapporteur stresses the need for migrants to be able to seek remedies directly in public courts and tribunals: the independence of the judiciary and the type of public oversight that are guaranteed by the international human rights framework are essential to the preservation of fundamental rights. As has been discussed, the complex, opaque and multilayered nature of the current trade regime obscures migrants' knowledge of their rights, legal recourses and available remedies. Under the current dispute settlement mechanisms included in trade agreements, migrant workers submit to a separate, privatized standard in order to seek relief for trade infractions and are required to go through traditional, costly and more onerous administrative channels to obtain remedies. Migrants also become reliant upon States to pursue their claims where States may have separate, distinct and, at times, competing interests. Ensuring the availability of outlets to pursue remedies in public courts would increase State accountability and also inform public discourse about labour migration programmes and the treatment of migrant workers. It is also by removing barriers to justice that migrants will be empowered to independently pursue their own fundamental human rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Paragraph type
- Other
- Paragraph number
- 82
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