Protection of Migrant Workers: Moving towards a Responsibility-Based Approach from the Rights-Based Approach

The protection of migrant workers who encounter various challenges while working in foreign countries is challenging due to multiple reasons. Currently, the protection of migrant workers' rights relies on a rights-based approach, using human rights instruments such as the UDHR, the ICCPR, the ICESCR, and the CEDAW. The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) is the main legal international instrument that provides the standards for the protection of the rights of migrant workers and their families. The rights-based approach aims to strengthen the capabilities of both duty-bearers and rights-holders towards the realization of human rights and address the challenges of human rights-connected issues. However, some countries that receive migrant labour, such as those in the GCC, are hesitant to ratify such human rights treaties. International organizations like the UN and the ILO do not have the power to force these countries to become parties to the treaties. Therefore, while there are mechanisms to protect migrant workers through a rights-based approach, the likelihood of success is uncertain. The responsibility-based approach is a framework that emphasizes accountability and ethical duty to act responsibly. Consequently, this research aims to investigate how a responsibility-based approach, involving all stakeholders including officials from both sending and receiving countries, can be utilized alongside a rights-based approach to protect migrant workers. To achieve the outcome of this research, doctrinal research methods have been utilized. Conventions, covenants, recommendations and legislation were used as primary sources and journal articles, e-resources, and books were used to collect secondary data. The finding of the research reveals that it can be employed the responsibility-based approach coupled with a rights-based approach to developing an appropriate mechanism to safeguard the rights of migrant workers imposing responsibilities to relevant parties including sending and receiving countries.