Contents
of employment, the migrant worker shall not be regarded as being in
an illegal or irregular situation by the mere fact of loss of employment,
which shall not in itself imply the withdrawal of his/her authorization
of residence or, as the case may be, work permit. Accordingly, he/she
shall enjoy equality of treatment with nationals with respect in particular
to the guarantee of security of employment, provision of alternative
employment, relief work, and retraining.”
th
- The concluding observations (4/7/1999) made by CERD on the 9 and
10th periodic report of the Republic of Korea recommended improvement
of the situation of undocumented migrant workers.
Cases in
major
countries
- As for Spain, the country uses the term “irregular” aliens instead of
“undocumented” or “illegal” aliens in an effort to turn them into a
regular workforce. Once they are registered with the municipal
authorities, irregular migrants can enjoy free education and medical
service.
- Looking at the cases in Spain and Italy, efforts to turn irregular migrant
workers to regular ones can get them out of poor working conditions
and reduce tax evasion associated with illegal employment. Thus, such
efforts can bring about the positive effect of realizing a quality welfare
system.
- In Japan, even irregular migrant workers who are not granted permit to
stay are allowed to register themselves as de facto migrants. Thanks to
the entrustment of the duty of alien registration to municipal authorities,
even irregular migrants can enjoy free education and medical services.
C. Core agenda items for promotion
Ⅵ-1-1. Undocumented migrant children should be guaranteed the right to
education and medical services.
Ⅵ-1-2. The current social security system should be improved to enable the
Part 6. Stronger protection of undocumented immigrants’ human rights
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