Politics maunder, laws drag behind : European migration policies: reconciling national sovereignty and human rights commitments

Abstract

The conceptual framework underlying this research is based on the premise that human rights are fundamental to the establishment of an equitable and fair society. However, very often, countries’ migration policies actually violate some of the fundamental rights described in the Universal Declaration of Human Rights, and the other international covenants that have stemmed from it. The discrepancies between the agreed human rights frameworks and the national policies adopted with respect to migration have created significant contradictions within the various levels of the legal framework. Drawing attention to these contradictions, this research includes a critical analysis of the intersection between State commitments to human rights, local policies on migration and the integration of migrants. In considering the contradictions between the national and the international human rights law, this thesis highlights the importance of the issues related to the protection of migrants’ human rights drawing from post-colonial, feminist and Marxist theory. In particular it examines the situations of Belgium and Italy with respect to family reunification and antidiscrimination policies with reference to the legal conditions. It highlights the impact of de facto implementation of legal frameworks in the context of the civil and political discourse that has emerged in the past decade during the so called “migration crisis”. Key Terms: Human Rights, Migration, Belgium, Italy, Anti-Discrimination, Family Reunification