Legal Protections for Migrants under International Human Rights Law: A Comparative Study of Regional Frameworks

Abstract

Migration, driven by socio-economic, political, and environmental factors, has emerged as a critical global issue, impacting millions of individuals worldwide. International human rights law plays a pivotal role in safeguarding the rights of migrants, irrespective of their legal status. This study investigates the legal protections available to migrants under international human rights law, with a comparative analysis of regional frameworks such as the European Union (EU), the African Union (AU), and the Inter-American System. It explores how these frameworks address key issues, including access to justice, protection against exploitation, non-discrimination, and the right to family life.
The research employs a comparative legal methodology, examining treaties, conventions, and case law specific to each region. The study highlights the role of universal instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW). It also evaluates regional instruments like the European Convention on Human Rights (ECHR), the African Charter on Human and Peoples' Rights, and the American Convention on Human Rights. Findings reveal significant disparities in the implementation and enforcement of migrant protections across regions. While the EU demonstrates robust legal mechanisms and a comprehensive approach to integration, challenges persist in addressing irregular migration and xenophobia. The AU's legal framework emphasizes collective rights but faces limitations in enforcement and resource allocation. In the Americas, progress in judicial activism has improved protections, but inconsistencies remain in national-level implementation.
The study concludes by proposing policy recommendations for strengthening international and regional cooperation, harmonizing legal standards, and fostering inclusive policies that prioritize human dignity. By providing a comparative perspective, this research aims to contribute to the global discourse on migration governance and advocate for equitable treatment of migrants worldwide..