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The Right to Migrate as a Human Right:

The Right to Migrate as a Human Right: 2025

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The document discusses Argentina's immigration law, Law 25.871, enacted in 2004, which recognizes the right to migrate as a human right and provides extensive protections for immigrants, including equal treatment and non-discrimination. It contrasts the new law with the previous restrictive Videla Law from the military dictatorship era, highlighting the historical context and advocacy efforts that led to this reform. The article emphasizes the need for regulations to fully implement the law's provisions and critiques U.S. immigration policies as more restrictive compared to Argentina's progressive approach.

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Why are refugees a human rights issue?

People have the human right under U.S. and international law to seek asylum without discrimination of any kind. Racist refugee and immigration policies have caused catastrophic, irreparable harm to millions of people, spurning and violating both national and international laws and human rights obligations.

What is human rights based approach to migration?

The rights-based approach is essential as it promotes the realization of migrants rights while assisting duty-bearers, particularly States, in fulfilling their legal obligations under international law. The aim of this approach is to maximize the positive impacts of migration for both migrants and host communities.

Why is migration a human rights issue?

While all enjoy certain basic rights, including non discrimination, other entitlements will usually be determined by their immigration status. Many human rights problems affecting migrants arise from discrimination and racism, and concern integration and cultural identity.

Why is migration a humanitarian issue?

Refugees are people who have fled their home countries to escape persecution. They often face dangerous journeys to safety, and their lives and freedom are at risk. Meanwhile, the flow of refugees places a strain on receiving countries, which may not have the resources to provide assistance alone.

What is the right of migration?

Among these, is the right of locomotion; the right of migration; the right which belongs to no particular race, but belongs alike to all and to all alike. It is the right you assert by staying here, and your fathers asserted by coming here.

Is migration a human rights issue?

About migration and human rights Human rights violations against migrants can include a denial of civil and political rights such as arbitrary detention, torture, or a lack of due process, as well as economic, social and cultural rights such as the rights to health, housing or education.

What is the issue of human migration?

Others move to escape conflict, persecution or large-scale human rights violations. Still others move in response to the adverse effects of climate change, natural disasters or other environmental factors. Today, more people than ever live in a country other than the one in which they were born.

Do migrants have the same rights as citizens?

Do foreign nationals have the same civil rights as US citizens? As Scalia and Ginsburg noted, immigrants do have the fundamental civil rights enshrined in the Constitution, including due process rights.

The Right to Migrate as a Human Right: 2025

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