A/78/180 53. While access to justice is often recognized by States in law, migrant workers typically do not have recourse to enforceable, timely and affordable remedies, including access to an independent, fair tribunal and to legal aid as necessary, regardless of nationality, migration or residence status. For example, in Brazil, although migrant workers seeking remedies for human or labour rights violations could in principle bring a case against a recruitment agency under the country’s penal code for fraud, the realities of corruption, slavery and trafficking and cross -border migration in the region mean that this is insufficient to ensure access to justice, and instead requires stand-alone legislation to address the scale and complexity of international recruitment. 70 In most cases, migrant workers do not have unrestricted and effective access to judicial remedies without fear of reprisals and expulsions. As noted above, migrant workers face barriers to lodging complaints against their employers, recruiters or others, including on grounds of sexual harassment in the workplace, and have little access to remedies for unpaid wages and compensation for violations of labour rights and other human rights violations. Women migrant workers are often in the unregulated informal economy, further limiting their options to access to justice and undermining their possibilities of acquiring regular migratory status. D. Rights-based approaches to ensuring the labour rights of migrants 54. Some good practices have been implemented by States and civil society which strengthen their alignment with commitments under international law and are more consistent with labour standards. Such practices range from r egularization programmes for migrant workers with irregular status, pathways to permanent or secure migration status for those on temporary work permits or under temporary migration programmes, to ensuring equality of access to social protection, standardized contracts for migrant workers and establishing firewalls between services and immigration enforcement. Below are some promising practices. 55. A domestic workers’ trade union in Argentina, the Unión Personal Auxiliar de Casas Particulares, works to improve awareness and access to new labour policy changes in Argentina. In collaboration with the Government, the union has developed a website, a smartphone app and introduced video toolkits 71 about domestic worker rights, including wages, freedom of association and paid leave. The mobile app makes this information easier to access and provides contact information for organizations and government offices where workers can seek remedies. This particular government–trade union model is being explored for replication in other South and Central American countries. 72 56. Toolkits have been developed by Governments and non -governmental organizations to improve awareness among migrant workers seeking justice. Migrant health-care workers – in particular Indian and Filipino nurses in countries of destination such as Denmark, Finland, Germany and Norway – have access to a tool developed by Public Services International that outlines grievance mechanisms in specific migration corridors which workers can contact in times of distress. 73 57. In Canada, migrant workers are permitted to apply for an open permit, through the Open Work Permit for Vulnerable Workers, which allows them to sear ch for a new __________________ 70 71 72 73 23-13823 ILO, The Migrant Recruitment Industry: Profitability and Unethical Business Practices in Nepal, Paraguay and Kenya (Geneva, 2017). Available at www.ilo.org/global/topics/fair-recruitment/ WCMS_574484/lang--en/index.htm. See www.upacp.org.ar/?page_id=3017#derechosLaborales. ILO, “Trade Union Action to Promote Fair Recruitment for Migrant Workers”, ILO brief, April 2020. See www.ilo.org/dyn/migpractice/migmain.showPractice?p_lang=en&p_practice_id=130 . 17/21