In the face of globalisation the economic crisis affecting much of the globe: Greece the European Union Brazil and the armed conflicts that have intensified in the 21st century mainly in the Middle East culminating in the humanitarian crisis we are currently witnessing. Added to this is the prejudice discrimination and marginalisation of foreigners throughout history. This scenario has impacted labour relations either by making them more flexible or by compromising the human dignity and citizenship of such individuals. From this perspective we seek to analyse the consolidation of the status of foreign citizens. Subsequently we discuss the protection of migrants from the perspective of the Cooperative State. Furthermore the protection of migrants is examined in light of ILO Conventions 97 111 and 143. Going further it is emphasised that labour rights as social rights require public policies for their implementation. In this sense we analyse how such public policies contribute to the inclusion of these individuals. Finally the role of the Judiciary in the realisation of the labour rights of migrants as minorities based on the counter-majoritarian principle is highlighted.