International Migration Law and Migrants' Rights: How Is Cross-Border Human Mobility Regulated?
International migration is not governed by one global immigration code. National immigration laws operate alongside international human rights law, refugee law, labour standards and other international rules and principles.
International migration law is an umbrella term for international laws, principles and norms relevant to migration, migrants' rights, and the powers and obligations of States. States retain authority over admission, visas, residence and employment, but exercise those powers subject to their applicable international obligations.
What Is Migration?
Migration is broadly understood as the movement of persons away from their place of usual residence, either within a country or across an international border, temporarily or permanently and for a variety of reasons.
Reasons may include employment, study, family reunification, economic opportunities, environmental conditions and other personal or social circumstances.
What Is International Migration Law?
International migration law draws on different areas of public international law rather than operating as a single global immigration statute.
Protects fundamental rights and freedoms of people on the move.
Provides a separate legal framework for international refugee protection.
Includes relevant protections for migrant workers.
International instruments address trafficking in persons and migrant smuggling.
What Rights Do Migrants Have Under International Law?
Migrants remain entitled to fundamental human rights. Their migration or residence status does not place them outside international human rights protections.
✓ Right to life, dignity and personal integrity.
✓ Protection against torture and degrading treatment.
✓ Non-discrimination under applicable law.
✓ Procedural safeguards and access to justice where provided by law.
✓ Relevant family and children's rights.
✓ Applicable employment protections for migrant workers.
However, specific entitlements such as permission to work, residence rights or access to certain benefits can depend on immigration status, national law and applicable international agreements.
What Is the Global Compact for Safe, Orderly and Regular Migration?
The Global Compact for Migration is the first intergovernmentally negotiated UN framework providing a comprehensive approach to international migration.
It is legally non-binding, respects State sovereignty and contains 23 objectives designed to strengthen international cooperation on safe, orderly and regular migration.
What Is the Difference Between Migration and Asylum?
Migration is a broad concept covering movement for many reasons. Asylum concerns a request for international protection and operates under a distinct legal framework.
Read more about asylum and when legal advice may be necessaryHow Can Migration Affect Destination Countries?
The impact of migration varies according to labour-market conditions, the scale and characteristics of migration, public services, integration policies and the broader economy.
Migration may help fill labour and skills shortages, contribute to economic activity and entrepreneurship, while rapid population increases may also raise demand for housing, education, healthcare and integration services.
Migration and Development
Migration can contribute to development through remittances, investment, skills transfer, diaspora networks and labour-market participation. Outcomes nevertheless depend on policy, economic circumstances and conditions in countries of origin and destination.
Reliable PDF Resources on International Migration
Current global data and evidence-based analysis of migration and mobility.
A specialist reference for migration-law terminology and concepts.
The official UN text of the international cooperation framework.
When Should You Consult an Immigration or International-Law Lawyer?
Individual advice may be useful when dealing with a visa or residence refusal, employment or residence problems, cross-border legal documents, international employment contracts or protection-related procedures.
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