Irregular migration and protection of human rights

Document Type : Original Article

Author

Higher judicial institute, Tunis, Tunisia

Abstract

Whatever the causes of displacement, it is imperative to respect the human rights-based approach to migration, taking into account in particular the special needs of vulnerable groups such as, for example, children, persons with disabilities and the elderly.

Contrary to popular belief, the rights of migrants are not in opposition to state sovereignty; in fact, states are bound to respect human rights either because they have ratified human rights conventions or by the norms of customary international law. This is how the Global Compact for Safe, Orderly and Regular Migration (Marrakesh Pact, December 2018) respects the sovereignty of States and their obligations under international law.

In addition, the primacy of international law over domestic law is a principle which sometimes has constitutional value, as is the case with article 20 of the Tunisian Constitution, the Preamble of the Lebanese Constitution and article 55 of the French constitution.

International human rights law establishes subsidiary mechanisms for the protection of human rights in general and the rights of migrants in particular (II); the protection of migrants' rights takes place on several levels, in particular with regard to the substantive (or material) rights of migrants (A) and with regard to their treatment (B).

Keywords

Main Subjects

International Journal of Doctrine, Judiciary and Legislation
Volume 3, Issue 2
Issue 2, 2022
June 2022
Pages 545-583

Files

Share

How to cite

Statistics