International Migration: Security Concerns and Human Rights Standards

Transcultural Psychiatry, Vol. 44, No. 3, pp. 311-337

28 Pages Posted: 23 Feb 2010

See all articles by François Crépeau

François Crépeau

McGill University - Faculty of Law

Delphine Nakache

University of Ottawa, Faculty of Law (common law)

Idil Atak

affiliation not provided to SSRN

Date Written: 2007

Abstract

Over the last two decades, the reinforcement of security-related migration policies has resulted in the perception of the foreigner, and especially the irregular migrant, as a category outside the circle of legality. The rights of foreigners in host countries have deteriorated due to the connection made between immigration and criminality. Restrictions imposed upon irregular migrants' basic political and civil rights have been accompanied by major obstacles to their access to economic and social rights, including the right to health. The events of 9/11 further contributed to this trend, which contradicts the basic premises of the human rights paradigm. Recent policy developments and ongoing international cooperation implementing systematic interception and interdiction mechanisms have led to the securitization of migration. The preventive and deterrent measures reinforce the security paradigm. By contrast, various national and international actors have been successful in defending irregular migrants' rights. At the domestic level, the involvement of the judiciary and civil society enhances the rights-based approach to foreigners. The role of judges is vital in holding policy-makers accountable for respecting the high national standards of human rights protection. This article elaborates on the dichotomy between the state's legitimate interest to ensure national security, and its domestic and international obligations to protect human rights for all, including irregular migrants. It focuses on the changing relationship between migration and security, on the one hand, and between state and individual, on the other hand. It affirms the necessity to recognize the pre-eminence of fundamental rights upon security concerns.

Keywords: anti-terrorism policies, borders, human rights, international migration, irregular migrants, migration policies, national security

Suggested Citation

Crépeau, François and Nakache, Delphine and Atak, Idil, International Migration: Security Concerns and Human Rights Standards (2007). Transcultural Psychiatry, Vol. 44, No. 3, pp. 311-337, Available at SSRN: https://ssrn.com/abstract=1557267

François Crépeau (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

Delphine Nakache

University of Ottawa, Faculty of Law (common law) ( email )

57 Louis Pasteur (BRS 430)
Ottawa, Ontario K1N 6N5
Canada
+ 1(613) 562-5800 (2647) (Phone)

HOME PAGE: http://https://commonlaw.uottawa.ca/en/people/nakache-delphine

Idil Atak

affiliation not provided to SSRN

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