The issue of principle which Amnesty International wishes to address is whether an irregular migrant worker is prohibited from obtaining redress against his or her employer where their contract of employment was not permitted under domestic legislation. Amnesty International submits that the common law doctrine of illegality does allow for the protection of irregular migrant workers in contract and/or tort law where they are exploited by their employer.
“General Assembly Resolution A/RES/67/172 on the protection of migrants and how a human rights perspective can enhance the design and implementation of international migration and development policies”
Amnesty International’s letter dated 12 June 2013 to the Office of the United Nations High Commissioner for Human Rights (OHCHR) can be read here. It includes examples of migration policies that increase the risk of labour exploitation and discusses some obstacles to access to justice for migrant victims of labour exploitation.