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8 Yale Hum. Rts. & Dev. L.J. 1 (2005)

handle is hein.journals/yhurdvl8 and id is 1 raw text is: Article
Crossing Borders, Claiming Rights: Using
Human Rights Law to Empower Women
Migrant Workers
Margaret L. Satterthwaite
This Article considers the impact of the Migrant Workers Convention on
the human rights of women migrants. While the adoption of a convention
targeting abuses against migrant workers is a significant development in
international human rights law, the author cautions that its specialized
nature might be perceived as a limitation on the obligations that states
owe to women migrants. The author warns against traditional, single-
variable, compartmentalization of human rights treaties that would make
the Migrant Workers Convention the only applicable human rights tool to
women migrants, and, instead, advocates an intersectional approach.
Using intersectionality, the author shows that many of the major human
rights treaties can be invoked on behalf of the empowerment of migrant
workers. While advocates and scholars should welcome the Migrant
Workers' Convention as an interpretive tool and as a potential site for the
development of best practices, they should also refocus their attention on
the entire range of human rights treaties, and consider the ways in which
the rights of women migrants are already included in the panoply of
standards set out in those instruments.
t Research Director and Clinical Instructor, Center for Human Rights and Global Justice, New
York University School of Law. B.A., New School for Social Research, 1990; M.A., University
of California, Santa Cruz, 1995; J.D., New York University School of Law, 1999. This Article is
dedicated to the memory of Kim Barry. I am grateful to the following people for substantive
comments and insightful assistance: Philip Alston, Kim Barry, Jean D'Cunha, Ratna Kapur,
Gerald L6pez, Alice Miller, Smita Narula, AnnJanette Rosga, Barbara Schulman, and Lee
Waldorf. I would also like to thank Romanita Iordache and Daniel Hardy for invaluable
research assistance. Portions of this Article began as a briefing paper for the U.N.
Development Fund for Women (UNIFEM) to inform the agency's work to advance the rights
of women migrant workers through its Empowering Women Migrant Workers in Asia
program. I thank UNIFEM for permission to use relevant segments here.

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