Moving forward
This paper has addressed the relevance of access to justice and the need for an effective justice mechanism to respond
to the specific issue of wage theft among migrant workers. Access to justice importantly relates to the enforcement
of rights and is fundamentally linked with development too. Governments have a responsibility and a key role to play
in the creation of justice mechanisms that enable people to reclaim the upholding of their rights. To this end, targeted
legislation should be put in place as well as decisional and enforcement mechanisms to ensure legislation is concretely
applied.
The idea of ad-hoc justice mechanisms created for the violation of business-related rights is presented, alongside with
the idea of them being instituted as either within existing courts or external fora that respond to regional specificities
of business violations. The possibility of setting up non judicial mechanisms is also presented, the idea of more flexible
and rapid justice mechanisms that could complement existing tools. Resorting to standard judicial mechanisms may,
in fact, result in complex and lengthy processes for claimants, which may ultimately lead to people desisting
denouncing cases of violation of rights. Recognising its impact, attempts to reduce proceedings time, backlogs and
inefficiencies have indeed already taken place within national judicial systems in Europe, as part of a broader regional
and international effort to improve and expedite access to justice.
Another fundamental element discussed in the paper is the possibility of implementing structural change in
compensation for victims of abuses. One of the main ideas presented is an increased responsibility of the state in
ensuring quick and effective redress of victims. Taking the work of the European Union as an example, the relevance
of guaranteeing not only access to justice but also substantive redress is considered a key component of an effective
justice mechanism. Still looking at the European Union, through the example of posted workers, the paper stresses
the importance of bearing in mind cross-border enforcement and the essentiality of cooperation among states in
ensuring people’s rights are effectively upheld. Wage theft is widespread and systematically practiced against migrant
workers from Asian countries, and particularly among those performing low-skilled jobs.
In moving forwards, a last point needs to also be highlighted regarding the relevance of the creation of a justice
mechanism from a perspective of inclusion: “[l]ow-income earners and other disadvantaged groups often have a
greater need of justice […] at the same time as a lower ability to navigate the legal system […] and obtain assistance
[…]. In turn, because of their vulnerability to adverse events, they suffer more from the consequences of inadequate
access to justice.”22 The creation of an easily accessible justice mechanism that takes into account gender, disabilities
and specific barriers, that offers support and legal representation to claimants, and that ensures swift redress is a long
needed solution to an exploitative practice of wage theft and the undermining of migrant workers’ rights.
22
OECD and World Justice Project, Building a Business Case for Access to Justice <https://www.oecd.org/gov/building-a-businesscase-for-access-to-justice.pdf>
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