INTERNATIONAL PROTECTION OF MIGRANT WORKERS IN THE FACE OF GLOBAL NORMATIVE FRAGMENTATION

Abstract

The intensification of international migration flows has broadened the centrality of migrant workers within the scope of International Law, highlighting normative and institutional challenges related to the effectiveness of legal protection. Although a significant set of international instruments exists aimed at protecting the labor and human rights of this category, a persistent mismatch is observed between the formal recognition of rights and their material realization. This scenario largely stems from global normative fragmentation, characterized by the poorly integrated action between International Labor Law, International Human Rights Law, and national migration policies. This article critically analyzes the international protection of migrant workers in light of this fragmentation, examining the limits and contradictions of the main international normative instruments, as well as the impacts of low state adherence and selective implementation of norms. The research adopts a qualitative methodology, based on bibliographic review and documentary analysis of international treaties, reports from international organizations, and specialized doctrinal literature. It is concluded that normative fragmentation constitutes a significant obstacle to the effectiveness of international protection, contributing to the reproduction of structural vulnerabilities and practices of precarious labor. Finally, the need for an integrated and transversal approach, guided by the centrality of human dignity, is highlighted as a condition for strengthening the legal protection of migrant workers in the context of contemporary global mobility.