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Article
Advocates Should Use Applicable International Standards to Address Violations of Undocumented Migrant Workers in the United States
Hastings Race and Poverty Law Journal (2005)
  • Connie de la Vega
  • Conchita Lozano-Batista
Abstract
This article seeks to provide migrant rights advocates with international legal arguments that can be used to address domestic human rights abuses when domestic law is inadequate and in violation of U.S. treaty obligations. It discusses applicable international law and suggests how these standards may be used to protect migrant workers. The article: describes the working conditions of undocumented migrants in the United States, highlighting recent violations of their human rights. It discusses Hoffman Plastics Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), which limited the rights of undocumented workers, and its aftermath and in which there were no briefs detailing relevant international legal obligations and binding treaty law that might have affected the outcome. This law and the methods for raising it in the United States are covered, with a specific focus on violations of the right to organize in order to be free from exploitative conditions, the right to equality before the law, and the right to legal recourse. [This article also appears as chapter 21 of Anne Bayefsky, ed., Human Rights and Refugees, Internally Displaced Persons and Migrant Workers: Essays in Memory of Joan Fitzpatrick and Arthur Helton, (Leiden; Boston: M. Nijhoff, c2006).]
Keywords
  • Undocumented immigrants,
  • migrant workers,
  • farm workers,
  • Immigration Reform and Control Act,
  • Hoffman Plastics Compounds v NLRB,
  • international law,
  • human rights,
  • labor law
Publication Date
2005
Citation Information
Connie de la Vega and Conchita Lozano-Batista. "Advocates Should Use Applicable International Standards to Address Violations of Undocumented Migrant Workers in the United States" Hastings Race and Poverty Law Journal Vol. 3 (2005)
Available at: http://works.bepress.com/connie_de_la_vega/5/