Human Rights of Migrants: An Overview

Migrants are first and foremost human beings. They are therefore legally entitled to the same human rights as everyone else, with very limited exceptions. National migration governance, including protecting migrants’ human rights and balancing related policy interests, is a sovereign right of States. However, international law requires that such sovereignty be exercised in ways that conform with States’ obligations under international law. Protecting human rights through migration governance means acting in a way that is consistent with both international law and State sovereignty. An understanding of the international human rights framework is therefore essential to principled and legitimate migration governance at the national level.

Human rights are set forth in international treaties that are negotiated by States. The specific human rights obligations of States under international law are based on the treaties to which each State is a party. Therefore, it is important for each State to evaluate its own migration governance measures according to the rights and obligations applicable in that country. Nevertheless, national stakeholders working on migration governance worldwide need to be familiar with the regional and international jurisprudence, as well as measures taken by other States, to ensure that international standards are respected in their migration laws, policies and practices. Even where certain standards may not reflect the international obligations of a State, these standards, as set forth in this chapter, can provide guidance to States that want to balance the various interests involved in migration governance.

This chapter provides an overview of the international human rights framework and describes rights specifically relevant in the migration context. The first topic introduces the relationship between State sovereignty and a rights-based approach to migration governance and management. It also explains the benefits of a rights-based approach, not only to migrants but also to the State welcoming them. It introduces key human rights principles that provide frames of reference  to guide State approaches to migration management. For this reason, it also highlights the principle of non-discrimination, which is central to the international human rights framework and particularly relevant in the migration context.

The second topic introduces several rights specifically relevant to migrants as recognized in international and regional human rights treaties, as well as in customary international law, and as elaborated by judicial decisions and human rights treaty bodies (see details on United Nations human rights monitoring mechanisms). By examining these rights in detail, the chapter explains what a rights-based approach to migration governance means in theory and practice. It first focuses on civil and political rights, and then on economic, social, and cultural rights, looking mainly at the international covenants that address each of these rights.