Autore
Di Pietro, FedericaTitolo
La kafalah islamica e le sue applicazioni alla luce della giurisprudenza della Corte europea dei diritti dell'uomoPeriodico
Ordine internazionale e diritti umaniAnno:
2016 - Fascicolo:
1 - Pagina iniziale:
91 - Pagina finale:
99THE ISLAMIC KAFALAH AND ITS IMPLEMANTATION ON THE BASE OF THE
ECTHR’S JURISPRUDENCE
Among the various forms of exploitation of migrant workers is the cd. the kafalah
(protection or sponsorship) system through which the countries of the Arabian Peninsula
control the migration flows within their borders. The kafalah system originates from a
Bedouin tradition, according to which foreigners arriving in the countries of the Gulf were
entrusted to so-called Kafil (or guardians) who had the task of ensuring protection and
security to their guests.
In the present day, and especially after the economic boom that has characterized the
countries of the Middle East, the original meaning that had characterized the kafalah
system has changed in the name of times migration policies to the acquisition of cheap
labor and solely for the duration of the employment contract, without providing any rights
or options for the stabilization of migrant workers.
Despite the fact that the kafalah system is applied to all foreign workers entering the
Gulf areas, there are three categories which are most affected by the phenomenon: farmers
and shepherds, who are forced to work in harsh conditions in the desert, and domestic
workers. In the course of the article I will examine the case of domestic workers illustrating
the situation in which they are forced to work and will highlight the lack of tools that can
effectively protect and guarantee their rights
SICI: 2284-3531(2016)1<91:LKIELS>2.0.ZU;2-6
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