Children, Human Rights and Temporary Labour Migration: Protecting the Child-Parent Relationship

Author:   Rasika Jayasuriya
Publisher:   Taylor & Francis Ltd
ISBN:  

9781032037868


Pages:   304
Publication Date:   09 January 2023
Format:   Paperback
Availability:   In Print   Availability explained
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Children, Human Rights and Temporary Labour Migration: Protecting the Child-Parent Relationship


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Author:   Rasika Jayasuriya
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.467kg
ISBN:  

9781032037868


ISBN 10:   1032037865
Pages:   304
Publication Date:   09 January 2023
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction 1. Understanding the landscape: TLM in context 2. Normative and conceptual framework 3. General legal principles 4. Article 27: Is TLM an appropriate form of assistance to parents to meet their children’s development needs? 5. Articles 10(2) and 5: Can TLM policies better support the maintenance of transnational child-parent relationships? 6. Article 16: Do TLM policies generate arbitrary interferences with children’s family life? 7. Articles 18 and 7: State obligations to protect the child-parent relationship: Securing a place for children’s rights in TLM Conclusion Appendix I: Summary of policy measures to reduce interferences caused by TLM with CRC provisions and general legal principles that protect the child-parent relationship in international human rights law Appendix II: Breakdown of key informants

Reviews

Rasika Jayasuriya makes a thorough analysis of how low-wage temporary migration programs currently prohibit family unity and contribute to damaging the parent-child relationship. Outlining the massive scale of this policy-driven violation of children's rights, she offers a remarkably coherent set of policy recommendations for States of origin and destination alike. The urgency of mainstreaming children's rights into labour migration policies by literally leaving no one behind has found a convincing voice. Francois Crepeau, Professor, McGill University, former United Nations Special Rapporteur on the Human Rights of Migrants. Extended parental absence clearly affects children, but the voices of those separated from parents compelled to migrate for work are rarely heard within the global care chain. In this brilliant study, legal scholar Rasika Jayasuriya gives these children a voice, using a socio-legal approach to illuminate their plight. She demonstrates that while labor-receiving countries pay lip service to the value of all children and their need for parental care and support, their own laws and policies routinely ignore the child development and psychosocial deprivations of those whose parents must travel long distances, often staying away for months and even years at a time, in order to earn enough to support them. A majority of these migrants are mothers who are preferred for jobs as care workers, many as nannies expected to lavish affection on the children of their employers while often barred from communicating regularly with their own offspring-much less being with them in person. And long absences make it difficult for fathers as well as mothers to re-establish strong relations with their children once they do return. In all these ways, Jayasuriya contends, receiving countries participating in the Temporary Labor Migration system clearly violate the UN Convention on the Rights of the Child, which emphatically protects the child-parent relationship. Since most are signatories to this pact, Jayasuriya uses it as the foundation to lay a path to concrete remedies, calling on wealthy receiving countries to develop social policies that would allow them to assist in supporting children and parents who are separated while also reducing their dependency on migrant workers and investing in economic development in the low-income sending countries so that parents can find viable jobs at home. Legally complex but passionately argued, this is a necessary book for our time. Sonya Michel, co-editor (with Ito Peng) of Gender, Migration and the Work of Care: A Multi-Scalar Approach to the Pacific Rim, Professor Emerita of History, American Studies and Women's Studies, University of Maryland and Senior Scholar, Woodrow Wilson Center, Washington, DC.


Author Information

Rasika Ramburuth Jayasuriya has worked for two decades across government, multilateral and civil society organisations on policy issues related to migration and children’s rights. She has a PhD from the University of Melbourne’s Law School and was a doctoral associate at the University of Toronto. Rasika has held positions as a migration policy specialist at UNICEF and IOM-UN Migration in Geneva and as a senior policy officer at the Department of Premier and Cabinet in Victoria, Australia. She is lead author of ‘The Migration of Women Domestic Workers from Sri Lanka: Protecting the Rights of Children Left Behind’ (2015).

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