Labour exploitation of migrants is a serious problem worldwide, also in Europe and in the Netherlands. Since the entry into force of the Palermo Protocol (2000), labour exploitation has been... Show moreLabour exploitation of migrants is a serious problem worldwide, also in Europe and in the Netherlands. Since the entry into force of the Palermo Protocol (2000), labour exploitation has been regarded as a form of the criminal offense of human trafficking. This means that the approach is largely aimed at the most serious forms of exploitation and at criminal prosecution of the perpetrators. The legal position of the victims is subordinate to the criminal proceedings. This study focuses on the rights of migrants to protection against labour exploitation; in the EU and in the Netherlands in particular. Labour exploitation is herein defined as a violation of labour standards laid down in different jurisdictions. Based on an analysis of human rights, criminal law, the right to free movement of persons and migration law for third country nationals, how protection is offered to migrants against labour exploitation. The research identifies the rights that migrants can derive from these four jurisdictions and analyses how access to these rights are facilitated by the state. Due to this combination of aspects, this study contributes to increasing insight into migrant's rights to protection against labour exploitation by the state. Show less
The current study provides a comprehensive view of the legal and political context in which these instruments were designed, with explanations about their content and recommendations for any future... Show moreThe current study provides a comprehensive view of the legal and political context in which these instruments were designed, with explanations about their content and recommendations for any future amendments. It considers the first initiatives taken by the Commission and the Council on these issues before the entry into force of the Treaty of Amsterdam and also reviews proposals submitted by NGOs that have played a substantial role in the debate. Furthermore, documentation of the various European institutions on the negotiations surrounding the adoption of the texts in question as well as trends in case law are carefully examined. The study aims to answer the following questions: To what extent does the normative content of the guidelines allow a difference in treatment between EU migrants and Non EU migrants, does it give binding force to the obligations of Member States, and provide judicial certainty to stakeholders? Show less
