Abstract
The aim of this article is to attempt constructing a conceptual framework and define the right to migration security and include it in the Europe-wide discourse on the migration crisis. In ...the adopted approach, the right to migration security is a third-generation right, i.e. a solidarity right in the doctrine of human rights. This right protects primarily the receiving society against the threats resulting from migration flows. On the other hand, non-voluntary immigrants have the right to seek protection in a secure way. The study analyses the range of the right to security in the context of human security and points out the necessity of ensuring the security of migration processes, which poses a special challenge to the international system of human rights. The authors also focus on highlighting the strengths of third-generation rights as a remedy to the problems faced by the international community. Finally, the authors propose to include the right to migration security in the EU's system for the protection of fundamental rights and the guarantees functioning within the Area of Freedom, Security and Justice.
This article explores the development of immigration federalism in Australia and Canada (expressed through the establishment of state/provincial/territorial immigrant selection programs) and its ...implications for immigrants' rights and immigration opportunities. Given the very limited scholarship on the issue, and the lack of previous comparative studies on immigration federalism in Australia and Canada, our research is exploratory by nature. Our finding is that provincial/state/territorial programs offer some advantages to prospective applicants (such as increased immigration opportunities), but, at the same time, raise a number of concerns (such as an increased dependence on employers). As our study reveals, the costs and benefits of immigration opportunities under state/provincial/territorial programs differ for skilled and low-skilled workers, whereby the latter are given only limited access to permanent residence, and on more onerous conditions than skilled workers. Drawing on these findings, we identify areas in need of further research and policy response.
PurposeThe purpose of this paper is to review the international migration-and-development story of the Philippines, amongst the leading migrant-origin countries.Design/methodology/approachMigration ...and socio-economic development data are used to depict the migration-and-development conditions of the Philippines.FindingsThe Philippines has mastered the management of overseas migration based on its bureaucracy and policies for the migrant sector. Migration also rose for decades given structural economic constraints. However, the past 10 years of macro-economic growth may have seen migration and remittances helping lift the Philippines' medium-to-long term acceleration. The new Philippine future beside the overseas exodus hinges on two trends: accelerating the economic empowerment of overseas Filipinos and their families to make them better equipped to handle the social costs of migration; and strategizing how to capture a “diasporic dividend” by pushing for more investments from overseas migrants' savings.Research limitations/implicationsThis paper may not cover the entirety of the Philippines' migration-and-development phenomenon.Practical implicationsImproving the financial capabilities of overseas Filipinos and their families will lead to their economic empowerment and to hopefully a more resilient handling of the (negative) social consequences of migration.Social implicationsIf overseas Filipinos and their families handle their economic resources better, they may be able to conquer the social costs of migration.Originality/valueThis paper employed a population-and-development (PopDev) framework to analyse the migration-and-development conditions of the Philippines.
In this contribution, I examine the links between the human rights basis of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) and its embeddedness in the UN Sustainable Development ...Agenda 2030. While the GCM grew out of a development framework, it was rapidly incorporated into the UN human rights system. Even during the negotiation of the GCM, human rights took priority over development. The resistance that was manifested against the GCM on its endorsement by the UN General Assembly was directed not against its development links, but rather concerns about its human rights impact. This paper examines the placing of migration in this dual framework and the ways in which outcomes compatible with both are achievable.
This article explores the hypothesis that migrant integration policy can be improved through the development of standards and antidiscrimination policies. It examines the principle of ...nondiscrimination, particularly in terms of racial or ethnic origin, as a path to integration. From this perspective, it identifies how instances of discrimination place immigrants in disadvantageous situations. It proposes keys for interpreting social patterns of discrimination. Finally, it reflects on how access to justice can be a means to achieve protection against discrimination. The study identifies this as a guarantee based on a theory of justice that assigns priority to the principle of equal participation.
El artículo explora la hipótesis de acuerdo con la cual las políticas de integración de las personas migrantes pueden mejorar a través del desarrollo de normas y políticas antidiscriminatorias. Examina el principio de no discriminación, especialmente por razón de origen racial o étnico, como vía hacia la integración. Desde esta perspectiva, identifica los supuestos de discriminación que permiten entender las situaciones de desventaja que afectan a la población inmigrante. Propone argumentos sobre las claves interpretativas de los patrones sociales de discriminación. Finalmente, reflexiona sobre el acceso a la justicia como vía de protección frente a la discriminación. El trabajo identifica esta garantía como un principio basado en una teoria de la de justicia que asigna una prioridad valorativa al principio de participación en condiciones de igualdad.
This article compares migrants' rights and labour-migration policies of three resource-rich receiving countries located in the Persian Gulf, North America and Europe, respectively. The wealthy ...economies of Canada, Norway and the United Arab Emirates have emerged as some of the largest receivers of labour migrants. The comparative analysis herein focuses on distinctive characteristics of the different migration regimes and policies which regulate the rights of labour migrants. It is maintained that the countries we have explored could hardly be more different, and that the actual similarities with regard to migration policies are limited. Yet, we have still identified some surprising and unexpected converging trends. Specifically, these countries use some similar tools and exclusionary policies in order to restrict the legal status of certain categories of labour migrants, particularly low-skilled migrants.
The inadequacy of European Union (EU) efforts to address the particular vulnerability to rights abuses faced by irregular migrants has become an article of faith for academics, activists and ...practitioners involved in the field of EU migration policy. This inadequacy is thrown into sharp relief by the efforts expended by the EU to prevent and reduce irregular migration, and control migration more generally. However, despite the emphasis placed on migration control in the common EU migration policy which has being developed since 1999, that same policy and the EU legal order more broadly contain the raw materials out of which a robust human rights protection framework for irregular migrants may be wrought. The entry into force of the Treaty of Lisbon in 2009 increases the chances of the practical realization of such a framework, the makings of which are already discernible in the recent jurisprudence of the Court of Justice of the European Union.
The title of the Series «Sapere l’Europa, sapere d’Europa» voices the desire to investigate facets of the process of European integration without disregarding its most weighty, however controversial ...and bureaucratic, aspects, yet looking beyond them. The main intent is thus to make room for vision, feelings, imagination. In this fourth volume, Cultural Heritage. Scenarios 2015-2017, the different profiles of the CH, tangible and intangible, are undoubtedly presented in an international and interdisciplinary perspective. Yet, as the constant reference to the Faro Convention proves, “practices, knowledge and collective traditions” – be they nested or not in the humus of Venice and the Veneto Region – still distinctively taste of Europe.
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