Part 6. Stronger protection of undocumented immigrants’
human rights
The International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families (1990) (“Migrant Workers Convention”) contains
clauses designed to protect the rights of undocumented migrant workers and their
families. The country has not ratified said convention, and it has been pointed out
that the country does not cope with undocumented migrants’ human rights positively.
Thus, undocumented migrants are not protected under the country’s laws and systems,
remaining vulnerable to labor exploitation and human trafficking.
Another problem is that there are undocumented migrants in the country due to the
migrant policy and needs in the labor market, and the government turns a blind eye
to such problem. Social integration encompassing migrants will remain a remote
possibility under the current situation where a large number of migrants become
undocumented due to structural causes and whose basic human rights are not guaranteed.
Human Rights Guidelines on Migration cite the need to protect undocumented
migrants from human rights infringement and allow them to use public services and
receive social security benefits.
1. Guaranteeing undocumented migrants’ social rights
A. Current status and problems
• Undocumented migrant workers are forced to engage in either “forced labor”
Part 6. Stronger protection of undocumented immigrants’ human rights
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