Protecting the rights of migrant workers in the Euro-Mediterranean Partnership

Abstract:

Migration has always played a significant role in the relations between the European Community and the Third Mediterranean Countries (TMCs). This was acknowledged in the Barcelona Declaration of November 1995, where the Euro-Mediterranean Partners agreed to strengthen their co-operation to reduce migratory pressure but also to guarantee the protection of the rights of legally resident migrant workers, which are recognized under the legislation of the host countries. This study analyses the relevant provisions in the Barcelona Declaration and its Programme of Action; examines the clauses on migration and on social policy to be found in the Euro-Mediterranean association agreements, according to the degree of protection they offer; and considers the secondary Community legislation, which has been adopted in the context of the Common Immigration Policy, and its significance for protecting TMC migrant workers. Moreover, it explores whether there exist international treaties offering additional protection for the rights of the TMC workers residing in the Community territory. Finally, the essay offers an overall evaluation of the current status of the rights afforded to and enjoyed by migrant workers.