Legal Mechanisms for Protecting Migrants’ Labour Rights in Host Countries

Abstract

This article examines the legal mechanisms available to protect migrant workers’ labour rights in host countries. The study aims to critically assess international instruments, regional frameworks, and national legislation governing migrants’ rights, with attention to gaps in their harmonisation and enforcement. A mixed-methods approach was adopted, combining comparative legal analysis of fifteen key legal instruments, thirty expert interviews, and statistical data from international and national sources. The results indicate significant variation in the protection of migrant workers’ rights. Germany demonstrates full compliance with ILO Conventions Nos. 97 and 143, while Italy, the United States, and Brazil display partial compliance with weak enforcement in specific sectors. The United Arab Emirates remains non-compliant, with restrictive regimes such as the Kafala system severely limiting rights. Expert interviews highlighted persistent enforcement gaps, the vital role of civil society organisations, and barriers to accessing justice. Statistical analysis confirmed that stronger legal frameworks and enforcement mechanisms reduce labour rights violations, particularly wage disputes and workplace discrimination. The study concludes that effective protection of migrant workers requires not only legislative incorporation of international norms but also robust enforcement, judicial remedies, and institutional independence. Legal reforms are proposed to strengthen the incorporation of core ILO and UN conventions into domestic law, establish specialised labour courts, regulate digital labour platforms, and extend protections to undocumented and informal-sector workers. These findings provide a legal basis for future reforms at both national and transnational levels, contributing to more consistent and equitable protection of migrant workers.