Organising Against Abuse and Exclusion: The Associational Rights of Undocumented Workers

Forthcoming in Migrants at Work, C Costello and M Freedland (eds), 2014

23 Pages Posted: 27 Jun 2013

See all articles by Virginia Mantouvalou

Virginia Mantouvalou

University College London - Faculty of Law

Date Written: June 26, 2013

Abstract

This chapter addresses the associational rights of undocumented migrants. The right to organise is highly valuable for this group of workers. It not only helps them access important workplace goods; it also promotes their social integration. However, undocumented workers face at least two types of hurdles in their associational activity: first, in some countries, the state bans their unionization and the employers have the power to dismiss them if they associate. Second, on other occasions, the unions themselves exclude them from membership. Are these obstacles compatible with human rights law? The question is addressed in light of the case law of the European Court of Human Rights. The chapter concludes that banning undocumented workers from forming or joining associations (including trade unions) is incompatible with fundamental liberal values of the European Convention on Human Rights.

Keywords: undocumented workers, migrant workers, freedom of association, human rights, labour rights, trade unions, workers’ centres, trade union autonomy, European Convention on Human Rights

Suggested Citation

Mantouvalou, Virginia, Organising Against Abuse and Exclusion: The Associational Rights of Undocumented Workers (June 26, 2013). Forthcoming in Migrants at Work, C Costello and M Freedland (eds), 2014, Available at SSRN: https://ssrn.com/abstract=2285345 or http://dx.doi.org/10.2139/ssrn.2285345

Virginia Mantouvalou (Contact Author)

University College London - Faculty of Law ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

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