Globalisation and migration governance from a human rights perspective: immigration management in Europe, the Southern European case

Abstract

The first part of the present study will trace a connection between liberalisation of labour markets as ‘push’ factors towards international movements of people, and security concerns of sovereign states as ‘pull’ forces, a major paradox and obstacle towards the achievement of a human rights based migration management, preventing possibilities of sound institutional arrangements at the international level, and the universal reach of human rights treaty law, as states, thus accepting the need of foreign manpower, are reluctant towards openness and recognition of migrants rights. Given that the Universal Declaration recognises a human right to emigrate, though not a correspondent right to immigrate, the enforceability of a right to freedom of movement is dependent on state discretional powers of admission, in this context, the second part of the study will come within the reach of a right of admission in southern European countries, as member states of the EU and recently exposed to migratory fluxes. By exploring domestic legal frameworks on immigration, focusing on mechanisms of admission of third country nationals, their compliance or not with international law, adaptability of specific mechanisms, such as quotas systems, as well as the impact of admission policies on promoting regular or irregular immigrations and interconnected likelihood of human rights violations, considering that states hold the ultimate responsibility of guaranteeing the fulfilment of migrants human rights, with the purpose of arguing for a human rights based immigration management.