scholarly journals The challenges of the mexican state in the application of the rules of international law in the protection of the rights of unaccompanied irregular migrant girls and children

2020 ◽  
pp. 1-15
Author(s):  
Blanca Lorena ZÚÑIGA ◽  
María Guadalupe CARRILLO ◽  
Cristina Liliana RAMOS ◽  
Miguel Ángel ARREOLA
Keyword(s):  
International Law ◽  
Irregular Migration ◽  
Humanitarian Crisis ◽  
Mexican State ◽  
Irregular Migrant

The irregular migration of children has increased alarmingly in recent years, which is why the institutions of Mexican State have acted accordingly; but nevertheless; the excessive flow and the conditions in which the phenomenon occurs are complex; given the circumstances that surround it. In this sense, the purpose of present is to reflect about the challenges of our country in the application of the internal norm and the control of conventionality, the harmonization between both in order to protect the rights of irregular migrant girls and boys, whit special attention to those who travel without the protection of their family. The conclusions point to the impossibility of Mexico to face the phenomenon that reaches the point of humanitarian crisis, the inapplicability of the internal norm and even less the international one the matter.

Analysis on the Legal Nature of ‘Responsibility to Protect’

2020 ◽  
Vol 57 (3) ◽  
pp. 279-295
Author(s):  
Hui-Chol Pak ◽  
Hye-Ryon Son ◽  
Son-Kyong Jong
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Responsibility To Protect ◽  
Military Interventions ◽  
The West ◽  
Humanitarian Crisis ◽  
Legal Nature ◽  
Legal Effect ◽  
Sceptical View ◽  
Different Parts

At present, some states are undertaking military interventions in different parts of the world, contending the ‘legitimacy’ of their i006Evocation of responsibility to protect civilians from a humanitarian crisis. Discussions at international forums concerning the concept of Responsibility to Protect (R2P) are inconclusive about its legal nature and application. While some scholars and states support the doctrine of R2P as being legitimate, others challenge or take a rather sceptical view. Divergent views seem to be originating from its incompatibilities with the rules of international law, including the Charter of the United Nations. What is controversial is that the supporters of R2P are mainly from the West, while objections to R2P are from developing countries mainly from West Asia or Africa. This raises concerns about the possibility of future applications of R2P in any of the countries in these regions or other developing countries. The article, analyses the legal nature of R2P in terms of the main principles of international law and other sources of international law and argues that the legitimacy and international legal effect of R2P are uncertain.

Part VI Refugee Rights and Realities, Ch.51 Non-penalization and Non-Criminalization

2021 ◽  
Author(s):  
Costello Cathryn ◽  
Ioffe Yulia
Keyword(s):  
Human Rights ◽  
International Law ◽  
General Principle ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Irregular Migration ◽  
International Human Rights ◽  
Refugee Convention ◽  
International Human

This chapter reviews the protections under international law which purport to secure refugees’ right to seek asylum by protecting them from penalization. Once a mere administrative matter, irregular migration and presence are now often made a crime in domestic laws, often with additional criminal offences such as for failure to cooperate in migration and asylum proceedings, or failure to have or produce identity documentation. In addition to criminalization, States also have meted out increasingly harsh treatment to those who breach their migration controls, irrespective of whether they are refugees or not. The chapter then analyses article 31 of the Refugee Convention, the provision which purports to protect refugees from penalization for ‘illegal entry and stay’. It argues that non-penalization reflects one of the objects and purposes of the Refugee Convention. The chapter also explores whether international human rights law substantively limits States’ ‘right’ to criminalize irregular entry and stay, and whether non-penalization of irregular entry or stay may be an emerging general principle of law.

scholarly journals Illegal, Legal, Irregular or Regular – Who is the Incoming Foreigner?

2016 ◽  
Vol 45 (1) ◽  
pp. 187-197 ◽  
Author(s):  
Magdalena Perkowska
Keyword(s):  
European Union ◽  
United Nations ◽  
Legal Discourse ◽  
Central Position ◽  
Undocumented Migrant ◽  
Irregular Migration ◽  
Illegal Migration ◽  
The United Nations ◽  
Irregular Migrant

Abstract Irregular migration is a global topic which currently occupies a central position especially in Europe. Illegal migration as a concept covers a number of rather different issues. We can find different terms as clandestine migration, illegal entry, irregular migrant, undocumented migrant irregular migration etc., to name the phenomenon of illegal entry, illegal stay or overstaying a visa-free travel period. In the context of legal instruments and recommendations of the United Nations and European Union, this article tries to present the multitude of terms and definitions concerning the phenomenon of migration that is unusual to rules and regulations, and its authors who neither recognise nor follow legal migration procedure. The article also endeavours to present the terms which are mostly used in legal discourse and examples of particular acts and contexts in which they are used.

scholarly journals Irregular migration struggles and active subjects of trans-border politics: New research strategies for interrogating the agency of the marginalised

Politics ◽  
2017 ◽  
Vol 37 (3) ◽  
pp. 243-253 ◽  
Author(s):  
Michael Strange ◽  
Vicki Squire ◽  
Anna Lundberg
Keyword(s):  
Research Agenda ◽  
Special Issue ◽  
Irregular Migration ◽  
Research Strategies ◽  
Border Politics ◽  
Irregular Migrant ◽  
New Research ◽  
A Site

The politics of migration has become increasingly prominent as a site of struggle. However, the active subjecthood of people on the move in precarious situations is often overlooked. Irregular migration struggles raise questions about how to understand the agency of people who are marginalised. What does it mean to engage people produced as ‘irregular’ as active subjects of trans-border politics? And what new research strategies can we employ to this end? The articles presented in this Special Issue of Politics each differently explore how actions by or on behalf of irregular/ised migrants involve processes of subjectivity formation that imply a form of agency. Collectively we explore how irregular migration struggles feature as a site marked by active subjects of trans-border politics. We propose a research agenda based on tracing those processes – both regulatory, activist, and everyday – that negotiate and contest how an individual is positioned as an ‘irregular migrant’. The ethos behind such research is to explore how the most marginalised individuals reclaim or reconfigure subjecthood in ambiguous terms.

scholarly journals The Readmission Agreement of Turkey

2018 ◽  
Vol 8 (2SI) ◽  
pp. 571-581
Author(s):  
Evrim Çınar
Keyword(s):  
European Union ◽  
Civil Wars ◽  
Critical Role ◽  
The European Union ◽  
Irregular Migration ◽  
Irregular Migrants ◽  
State Security ◽  
Transit Migration ◽  
Migration Flows ◽  
Irregular Migrant

The irregular migration flows in the last decade from countries, where there are social unrest, civil wars and economic turmoil, towards developed western countries are one of the most populated human movements since the WWII. Hence each immigration flow has its own characteristics, the current irregular flows reveal a new migration outcome; the balance between State Security and Migrant Security. Since the migration policies are control based in some destination countries, they take precaution in order to reduce the irregular immigration flows by signing bilateral readmission agreements with 3rd countries. In that respect, Turkey and European Union relations in terms of irregular migration flows play a crucial and critical role due to its condition of transit migration state. The European Union accession process brought Turkey heavy duties. Controlling and preventing irregular migration became an obligation to its membership and to achieve its goals Turkey signed a readmission agreement with European Union. However, as any method of preventing irregular migration flows, Readmission Agreement of Turkey effect the balance between destination country security and irregular migrant security, especially refugees and asylum seekers rights. The main goal of this article is to find an answer to this question: does the Readmission Agreement of Turkey provide a balance between State Security and Migrant Security? This article intends to analyze the adverse security conditions of irregular migrants and state security compulsions.

scholarly journals Irregular Migration as a Potential Source of Malaria Reintroduction in Sri Lanka and Use of Malaria Rapid Diagnostic Tests at Point-of-Entry Screening

2013 ◽  
Vol 2013 ◽  
pp. 1-4 ◽  
Author(s):  
Kolitha Wickramage ◽  
Gawrie N. L. Galappaththy ◽  
D. Dayarathne ◽  
Sharika L. Peiris ◽  
Rajeeka N. Basnayake ◽  
...  
Keyword(s):  
Sri Lanka ◽  
Close Monitoring ◽  
Irregular Migration ◽  
Governmental Agencies ◽  
Irregular Migrants ◽  
Point Of Entry ◽  
Malaria Rapid Diagnostic Tests ◽  
Irregular Migrant ◽  
Present Case Study

Background. We describe an irregular migrant who returned to Sri Lanka after a failed people smuggling operation from West Africa.Results. On-arrival screening by Anti-Malaria Campaign (AMC) officers using a rapid diagnostic test (RDT) (CareStart Malaria HRP2/PLDH) indicated a negative result. On day 3 after arrival, he presented with fever and chills but was managed as dengue (which is hyperendemic in Sri Lanka). Only on day 7, diagnosis ofPlasmodium falciparummalaria was made by microcopy and CareStart RDT. The initially negative RDT was ascribed to a low parasite density. Irregular migration may be an unrecognized source of malaria reintroduction. Despite some limitations in detection, RDTs form an important point-of-entry assessment. As a consequence of this case, the AMC is now focused on repeat testing and close monitoring of all irregular migrants from malaria-endemic zones.Conclusion. The present case study highlights the effective collaboration and coordination between inter-governmental agencies such as IOM and the Ministry of Health towards the goals of malaria elimination in Sri Lanka.

scholarly journals The Limits of the International Judicial Function of the Mexican Federal Judiciary

2019 ◽  
Vol 12 (2) ◽  
pp. 3
Author(s):  
Virdzhiniya Petrova Georgieva
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Foreign Affairs ◽  
Political Regime ◽  
General Context ◽  
Legal Rules ◽  
Federal Judiciary ◽  
Mexican State ◽  
Domestic Legislation

Mexican judges are increasingly acting as international law judges. Their international judicial function includes a basic understanding of a judicial function per se: dispute resolution through the application and interpretation of legal rules by an independent and impartial judicial body. The international character of this work depends on the recourse to international law as a legal basis for the dispute settlement of the particular cases brought to their jurisdiction. Mexican judges are performing an international judicial function when they interpret international law norms and principles, when they guarantee private persons’ rights and duties under international law, and when they assess the conformity of domestic legislation with the international law commitments of the Mexican state. However, at present, Mexican judges are not behaving as ordinary judges of all international law. The place of international law in the Mexican Constitution, the slow democratization of the Mexican presidential regime and the deference of Mexican judges to the executive in foreign affairs help explain the constraints upon the international judicial function as experienced by Mexican judges. The general context of the Mexican political regime impacts the role of the federal judiciary with regards to the promotion of respect for the rule of law, domestically and internationally.

PORT CLOSURES AND PERSONS AT SEA IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (3) ◽  
pp. 605-633
Author(s):  
Sofia Galani
Keyword(s):  
International Law ◽  
Humanitarian Crisis ◽  
The Impact

AbstractThe systematic protection of persons at sea remains flawed. This problem has become even more acute during the Covid-19 pandemic when port closures have caused an unprecedented humanitarian crisis at sea. This article looks at the impact of port closures on the rights of persons at sea and considers how international law can protect those rights. While persons at sea are afforded significant rights protections in international law, the rights and duties of States often clash, with the result that persons at sea can find themselves in something of a legal vacuum. In order to address this problem, this article argues that the various rights and duties of States must be interpreted and applied in a way that fully recognises the rights of persons at sea.

Accesul lucrătorilor migranți cu statut iregular fără forme la dreptul la muncă

2021 ◽  
Vol 2021 (2021) ◽  
pp. 112-123
Author(s):  
Nicolae SADOVEI ◽  
◽  
Mihail CEBOTARI
Keyword(s):  
Migrant Workers ◽  
Labor Migration ◽  
Fundamental Rights ◽  
Irregular Migration ◽  
International Labor ◽  
Migration Flows ◽  
International Labor Migration ◽  
Irregular Migrant ◽  
International Instruments ◽  
And Control

International labor migration flows include a significant number of migrant workers who for specific reasons infringe residence rules in destination countries. These persons are considered to be the most vulnerable category of migrants, being prone to serious violations of their fundamental rights. States of destination have practically universally adopted policies to restrict and control irregular migration. In this context, the objective of this article is to establish the possibility for irregular migrant workers to benefit from the rights and results of their work, and to establish the limits and prohibitions that arise in the event of irregularity. The article examines both the international instruments and practice as well as regional and national approaches used by states in this field.

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