Introduction

The interests of migrant workers and their families in the process of international labour migration are often articulated in terms of the economic benefits that accrue to them given significant wage differentials between countries of origin and destination, particularly in the context of South–North but also South–South labour migration. Protecting their fundamental rights during the whole labour migration continuum of departure, travel, residence and return is also underlined as is the need to minimise the social costs of such migration, both for migrant workers and family members in the country of destination as well as family members left behind in the country of origin. The international legal framework for protecting vulnerable groups of migrant workers is well developed. It comprises standards found in international and regional human rights treaties and international labour law, which in principle apply to all human beings and workers irrespective of their nationality or immigration status; the more specific instruments of the International Labour Organization (ILO); the UN Migrant Workers Convention 1990; and legally binding treaties adopted at the regional level, particularly in Europe. However, international and regional instruments specifically aimed at protecting migrant workers and their families have been ratified by relatively few states. Moreover, the importance of ensuring effective protection of their rights is evident in the continuing abuses suffered by migrant workers in all parts of the world.