Fulvia Staiano

Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

Fulvia Staiano

Abstract

Transnational mothering presents significant challenges to immigrant women. In addition to the gendered expectations originating from their own communities and cultures, transnational mothers may also have to cope with gendered notions of ‘good parent’ underlying national and European immigration regimes when pursuing family reunification with their children left behind in their countries of origin. Against this background, the European Court of Human Rights can constitute a benchmark for ensuring transnational mothers’ equal access to family reunification vis-à-vis legally sanctioned and gendered models of ‘good mother’, provided that the Court itself is capable of recognizing said models and avoiding to reproduce them. Thus, this article explores the Strasbourg Court’s case-law on transnational parents’ access to family reunification with the aim to unveil the actual capability of the Court to support a gender-sensitive enforcement of national and European family reunification regimes as well as transnational mothers’ access to family reunification in conditions of equality.