Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. The Price of Rights shows why you cannot always have both. Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries. The Price of Rights analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.
Acknowledgments vii Abbreviations xi Chapter 1 The Rights of Migrant Workers: Reframing the Debate 1 Aims and Approach of the Book 2 Outline of the Chapters and Main Arguments 4 Terminology and Scope of This Book 10 Chapter 2 The Human Rights of Migrant Workers: Why Do So Few Countries Care? 13 International Migrant Rights Conventions 13 Ratification: Record and Obstacles 16 Effectiveness 22 Migrant Rights, Citizenship Rights, and Immigration Policy 23 Chapter 3 Nation-States, Labor Immigration, and Migrant Rights: What Can We Expect? 26 The Objectives of Labor Immigration Policy 26 Constraints and Variations in the Migration State 33 Three Hypotheses 39 Chapter 4 An Empirical Analysis of Labor Immigration Programs in Forty-Six Countries 53 Existing Research and the Scope of My Analysis 53 Indicators for Measuring Openness to Labor Immigration 59 Indicators for Measuring Migrant Rights 65 Methods, Data, and Limitations 71 Openness to Labor Immigration 74 Migrant Rights 80 Summary of Findings 87 Chapter 5 Regulating the Admission and Rights of Migrant Workers: Policy Rationales in High-Income Countries 91 Explaining Greater Openness to Higher-Skilled Migrant Workers 91 Why More Rights for Skilled Migrant Workers? 104 Explaining Trade-Offs between Openness and Rights 111 The National Interest: Expected Impacts Drive Labor Immigration Policies 120 Chapter 6 Labor Emigration and Rights Abroad: The Perspectives of Migrants and Their Countries of Origin 122 Migrants: Emigration, Rights, and Human Development 122 Sending Countries: Interests and Policy Choices 134 Engaging with Trade-Offs 152 Chapter 7 The Ethics of Labor Immigration Policy 154 What Consequences Should National Policymakers Care about, and for Whom? 156 The Ethics of Temporary Labor Immigration Programs 166 What Rights Restrictions Are Justifiable, and for How Long? 172 Making Temporary Migration Programs Work 178 Summary: The Case for Tolerating Some Trade-Offs between Openness and Rights 185 Chapter 8 The Price of Rights: What Next for Human Rights-Based Approaches to International Labor Migration? 187 Blind Spots and Unintended Consequences of Human Rights 189 UN Agencies' Reluctant Engagement with the Price of Rights 191 Reframing the Human Rights-Based Approach to Migration 196 Open Debate 199 Appendix 1 Tables A.1-10 201 Appendix 2 Overview of Openness Indicators 217 Appendix 3 Overview of Migrant Rights Indicators 221 References 227 Index 243