F1HH 4405 - Migration and Human Rights: A Comparative Perspective across World Regions

The policy salience of migration has often put aside the scope and impacts of states' migration policies over their international and regional commitments to safeguarding human rights of immigrants and refugee protection. This Course provides a comparative overview of the nexus between migration and human rights in a comparative perspective across world regions, including Europe, the Americas, Africa and Asia.
Human rights play a central role in the relationship between states and individuals. This role becomes ever more crucial and contested when individuals are not nationals of the state, and are often labelled as ‘migrants', or cannot longer expect protection from their own state and look for international protection elsewhere. This Course pays attention to the extent to which migration status influences the degree of human rights protection granted to individuals. Equally important is whether human rights of migrants, asylum seekers and refugees may differ, and if so to what extent, from those enjoyed by nationals of the receiving state. While the international and regional frameworks on refugee protection are well developed, that is not the case in respect of people categorized as ‘immigrants'. However, a central principle guiding human rights is that of equality of treatment and non-discrimination among all human beings because of their human dignity. How does the principle of non-discrimination and the notion of human dignity interplay with states' competences to manage entry, residence and expulsion of non-nationals? The Course provides a cross-regional overview and in-depth understanding of the multiplicity of international and regional legal instruments, mechanisms and bodies/actors (including Courts and human rights monitoring bodies) covering refugee protection and human rights of migrants, asylum seekers and refugees. This includes an identification of the main human rights, refugee and labour standards, instruments and institutional venues and mechanisms where individuals may seek justice in cases of human rights violations.
The various sessions are structured around a selection of key fields or ‘areas of life' where migration and asylum policies raise specific human rights and refugee protection challenges: borders and admission; refugees and access to international protection; irregular and undocumented migrants, expulsion and detention, extraterritorial asylum and migration management, labour immigration, family and private life; and integration.

>> Learning Outcomes

1. In-depth knowledge of what are the main standards, instruments and actors covering the human rights of migrants, asylum seekers and refugees around all main world regions
2. Sound understanding on key and most recent developments on human rights protections of migrants and refugees.
3. Application of human rights instruments and standards to practical cases, and learning how to explore possible solutions to current policy challenges on migration and asylum.

>> Professional Skills

1. Comparative research on human rights of migrants and refugees
2. Cross-world region overview and analysis
3. Critical thinking, practical application and problem-solving skills
4. Writing for different audiences, including policy makers

Sergio CARRERA

Séminaire

English

-- In Class Presence: +/- 24 hours a semester
- Reading and Preparation for Class: +/- 40 a semester
- Preparation for Group Work: +/- 10 hours a semester
- Research and Writing for Individual Assessments: +/- 74 hours a semester

none

Spring 2022-2023

1. A commentary on an issue related to subjects of the course of 1.500 words (30%);
2. A written essay on a selected topic covered by the Course, meeting academic standards, and of a maximum of 3,000 words (55%); and
3. An oral presentation prepared and organized in a small group (15%).