Migraciones, Estado y una política del derecho humano a migrar ¿Hacia una nueva era en América Latina?

Abstract

The objective of this article is to analyze whether the recent humanization of laws and migratory policies in Latin America allows us to speak of a new era of migrations in our region. In fact, the processes of integration, regional consultancies on migration, and domestic policies and legislation have all turned in recent years towards an understanding of these processes in terms of human rights. In the same way, the Inter-American Human Rights System has given greater visibility to migratory issues. I therefore discuss these mutual incorporations (of human rights into migrations and of the latter into human rights) from the perspective of the role of the state, both at the international and domestic level, and the effects of the legal determinations and their incompatibilities. The article concludes by showing that human rights were constructed precisely for movement and that their recent and mutual incorporation is due to the encounter of the emancipatory and regulatory logics of the paradigm of Modernity. Therefore, referring to migration with human rights neither changes nor challenges its starting points and so we should think in terms of a regional policy of the human right to migrate.

Keywords

• Migration
• migratory policy
• right to migrate
• human rights
• State (Thesaurus)