Os desafios de proteção aos refugiados e migrantes forçados no marco de Cartagena + 30

Jubilut, Liliana Lyra; Madureira, André de Lima

doi:10.1590/1980-85852503880004302

Cited by 8 publications

(2 citation statements)

References 5 publications

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“…129 This understanding 123 Betts, supra nt 22, 215. 124 'These Guiding Principles address the specific needs of internally displaced persons worldwide.…”

Section: Developing a Non-state Centric Approach To Migration Govmentioning

confidence: 99%

Strategies for the Protection of Migrants through International Law

Jubilut¹,

Lopes²

2017

GroJIL

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Migration is a complex phenomenon: on the one hand, it encompasses economic, political, historical, sociological and legal issues, and, on the other, it entails several dichotomies and a multitude of causes. Such complexity has created a myriad of obstacles to construct a normative system that addresses all aspects of this phenomenon through the adoption of hard international norms. In the current global political scenario, it seems counterproductive to exclusively invest in a pathway that has not been able to achieve much so far and that focuses on the phenomenon of migration rather than on its subjects: the migrants. In light of this, this article proposes four strategies to enhance the architecture of International Law in dealing with migration, so as to allow for its improvement. These are: 1) assuming the protagonism of migrants in migration and, thus, shifting the focus from the regulation of the phenomenon to the protection of its subjects and enhancing a human rights' approach to migration, 2) enhancing the dialogue between existing international regimes and International Law in the governance of migration with a human rights lens, 3) using less formalistic approaches such as soft law and the participation of stakeholders in the governance of migration with a responsibility-sharing approach, and 4) using regional approaches to facilitate the development of stronger cooperation and regional norms. These strategies should be informed by the principle of complementarity both among themselves and in seeking international hard norms. They ultimately need to be part of a larger international structure for the protection of human dignity and human rights. Presenting this approach and these strategies and assessing whether they would constitute a superior manner in which International Law should engage with issues that arise from migration and enhance the protection of migrants are the aims of this article.

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“…129 This understanding 123 Betts, supra nt 22, 215. 124 'These Guiding Principles address the specific needs of internally displaced persons worldwide.…”

Section: Developing a Non-state Centric Approach To Migration Govmentioning

confidence: 99%

Strategies for the Protection of Migrants through International Law

Jubilut¹,

Lopes²

2017

GroJIL

Self Cite

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“…Although internationally praised, the Cartagena definition has only been sparsely applied in practice (Acosta et al, 2019; Freier et al, 2020; Jubilut & Madureira, 2014; Jubilut et al, 2019; Reed‐Hurtado, 2013; Rodrigues & Vieira de Mello, 2020). As Reed‐Hurtado (2013:18–19) points out, “[a]lthough the regional refugee definition formally exists in law, it is seldom applied.…”

Section: The Cartagena Refugee Definition and Regional Displacementmentioning

confidence: 99%

The Cartagena refugee definition and nationality‐based discrimination in Mexican refugee status determination

Nájera

Freier

2021

International Migration

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Mexico's Refugee Law of 2011 has been praised as exceptionally progressive. A core aspect of the new law is the inclusion of an expanded refugee definition derived from the Cartagena Declaration. Nonetheless, it has also been pointed out that implementation gaps persist between Mexico's laws and policy practice. In this paper, we analyse in how far Mexico has applied the Cartagena definition to allegeable asylum seekers. Based on the analysis of a representative sample of 565 Refugee Status Determination (RSD) resolutions, we identify patterns in the country's RSD procedure from 2011 to 2016. On the one hand, we find a 98 per cent recognition rate, under the Cartagena refugee definition, for Venezuelan asylum seekers; on the other hand, a lack of application of the Cartagena definition to Central Americans. We discuss how our findings relate to broader problems associated with the RSD procedure in Latin America, and provide policy recommendations.

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Brazil’s Path Towards Human Rights

Neto

2017

Protecting Human Rights Defenders in Latin America

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Os desafios de proteção aos refugiados e migrantes forçados no marco de Cartagena + 30

Cited by 8 publications

References 5 publications

Strategies for the Protection of Migrants through International Law

Strategies for the Protection of Migrants through International Law

The Cartagena refugee definition and nationality‐based discrimination in Mexican refugee status determination

Brazil’s Path Towards Human Rights

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