OUVRAGE : F. Staiano, The Human Rights of Migrant Women in International and European Law

Fulvia STAIANO

European and domestic migration law indirectly discriminates against third-country national migrant women. Can human and fundamental rights law remedy this gender bias? This book seeks to unveil the existence of a gender bias in European norms – at both EU and domestic level – regulating migrant women’s family life and employment. Most importantly, the book aims to analyse the potential of European human and fundamental rights law to expose and correct this bias. Touching upon the two macro-areas of family life and employment, it argues that migrant women’s most common life circumstances must come to the fore in order to fulfil both of these aims. The book reviews and critically assesses relevant examples of human and fundamental rights jurisprudence at supranational and domestic level. It identifies effective judicial interpretations to ensure migrant women’s enjoyment of their rights and entitlements in conditions of equality and non-discrimination.


TABLE OF CONTENTS

Acknowledgments
List of Abbreviations
Introduction

Part I

FAMILY REUNIFICATION AND CARE

Chapter I. Income Requirements in Family Reunification Regimes

1. Introduction
2. The European Family Migration Framework
3. Income Requirements in Family Reunification Law and the Male Breadwinner Model
4. Limitations of an Anti-Stereotyping Understanding of Equality for Migrant Women’s Access to Family Reunification
5. The Capabilities Approach and Migrant Women’s Equal Access to Family Reunification
6. Income Requirements Under the Scrutiny of Domestic Courts
7. Concluding Remarks

Chapter II. Childcare as a Ground for Derivative Residence Rights

1. Introduction
2. Derivative Residence Rights in European Union Law
3. Derivative Residence Rights in Domestic Jurisdictions
4. Concluding Remarks

Part II

EMPLOYMENT 

Chapter III. Discrimination Against Migrant Women Workers

1. Introduction
2. The Multi-Level Anti-Discrimination Framework in the European Legal Space
3. Migrant Status as a Ground of Discrimination
4. Vulnerability as an Obstacle to Substantive Equality
5. Multiple and Intersectional Discrimination
6. Concluding Remarks

Chapter IV. Labour Exploitation of Migrant Women: the Case of Domestic Workers

1. Introduction
2. Labour Exploitation of Migrant Women in the Domestic Work Sector
3. Triggers of Exploitation of Migrant Domestic Workers in National Immigration and Labour Laws
4. Domestic Servitude in the ECtHR’s Jurisprudence
5. The Everyday Exploitation of Domestic Workers in International Human Rights Law
6. Perspectives of Cross-Fertilisation in the ECtHR’s Jurisprudence
7. Migrant Domestic Workers’ Socio-Economic Rights Before Domestic Courts
8. Concluding Remarks

Conclusions
Table of cases
Selected Bibliography
Index

Fulvia STAIANO, The Human Rights of Migrant Women in International and European Law,
The Hague, Giappichelli Editore/Eleven International Publishing, 2016 (120 pp.)