Protection of migrants from enforced disappearance: A human rights perspective

AbstractThis article looks at the issue of enforced disappearances of migrants during their migratory journey or once they have reached their destination, a subject yet to be addressed in the literature. It examines how the legal and analytical framework provided by international human rights law and migration law applies to enforced disappearances of migrants. It then reviews the factors that contribute to this phenomenon in different contexts, including the disappearance of migrants for political reasons, those that take place in detention and deportation processes and those that take place within the context of migrant smuggling and trafficking.

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Justice, Jurisdiction, and Migration

Justice, Migration, and Mercy ◽

10.1093/oso/9780190879556.003.0004 ◽

2019 ◽

pp. 67-93

Author(s):

Michael Blake

Keyword(s):

Human Rights ◽

Country Of Origin ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Positive Account ◽

Basic Rights ◽

International Human ◽

And Migration ◽

The Right

This chapter introduces the book’s positive account of the right to exclude. It grounds it in the limited and presumptive right to be free from being charged with the defense of another’s basic rights—when those rights are adequately protected in her country of origin. The chapter provides an argument for this jurisdictional ground, while showing that it is consonant with both the structure of international human rights law and consistent with the nature of states as political entities. This ground, moreover, is shown to be incapable of defending the sorts of exclusion found in political practice—which opens up the possibility of using that ground to criticize existing practices. The chapter ends by considering three forms of objection—the objections from expulsion, from reproduction, and from liberty—and shows how the jurisdictional method defended can overcome these concerns.

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The Rogue Civil Airliner and International Human Rights Law: An Argument for a Proportionality of Effects Analysis within the Right to Life

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800010080 ◽

2011 ◽

Vol 48 ◽

pp. 39-96

Author(s):

Robin F. Holman

Keyword(s):

Human Rights ◽

Analytical Framework ◽

Effective Control ◽

International Human Rights Law ◽

Human Rights Law ◽

Right To Life ◽

International Human Rights ◽

Theoretical Approaches ◽

International Human ◽

The Right

SummaryExisting theoretical approaches to international human rights law governing the state’s duty to respect and ensure the right not to be arbitrarily deprived of life fail to provide a satisfactory analytical framework within which to consider the problem of a rogue civil airliner — a passenger-carrying civil aircraft under the effective control of one or more individuals who intend to use the aircraft itself as a weapon against persons or property on the surface. A more satisfactory approach is provided by the addition of a norm of proportionality of effects that is analogous to those that have been developed within the frameworks of international humanitarian law, moral philosophy, and modern constitutional rights law. This additional norm would apply only where there is an irreconcilable conflict between the state’s duties in respect of the right to life such that all of the courses of action available will result in innocent persons being deprived of life.

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Certain Skeptical Considerations on International Human Rights Law

Law and World ◽

10.36475/6.2.4 ◽

2020 ◽

Vol 6 (2) ◽

pp. 27-43

Keyword(s):

Human Rights ◽

International Law ◽

Present Author ◽

International Human Rights Law ◽

Human Rights Law ◽

Global Community ◽

International Human Rights ◽

International Human ◽

Migration Law

This article aims to go beyond the romanticized paradigm emanating from human rights and international law in general. Considering that the intention of the present author is wide and over encompassing in its scope, this paper intends to dwell only on certain specific issues. First, it examines whether powerful states still do what they like even though they are constrained by the rules of International Law. Then it moves to examine the most pressing issues of migration law, which again demonstrates that the system is far from satisfactory. Lastly, it interrogates the concept of universalism proclaimed in International Human Rights Enterprise. Acknowledging that the idea of universalism is a noble, perhaps, despite its sophisticated stratification and promotion on the part of international global community it became the powerful political vernacular to clothe unveiled political intentions in the universalism attached veil. It is shown how universalism transcended its metaphysical faculty and turned into the paradigm of imperialism for those who can actually avail. In the end of the day, the aim of the author is not to completely exhaust these issues, but to trigger certain skeptical thoughts, that something ultimately went wrong.

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