Migration, mobility rights and the Judiciary: the case of a policy based on the human right to migrate (Argentina, 2003-2013)

GARCÍA, LILA

Buenos Aires

Conferencia; FLACSO-ISA Conference, Global and regional powers in a changing world; 2014

Facultad Latinoamericana de Ciencias Sociales e ISA

In this paper I propose to evaluate the right of migrants in Argentina though the exercise of their mobility rights (enter, stay, circulate, etc.); it will be performed from the perspective of the protection provided by the Judiciary Branch. This analysis takes into account two main issues: first, the tension between the recognition of the right to migrate as a human right (article 4, law 25,871) and the power (still existing) to deny entrance or remove people (e.g. art. 29, law 25,871); two, the role of the Judiciary, which since 2003 has new competences to guarantee those mobility rights. For that purposes, this paper presents and analyses the results of the Ph.D. research, which review the judiciary files submitted by or against the Immigration Board (Direccion Nacional de Migraciones ¬DNM) in the City of Buenos Aires. The conclusions show a gap between this based-on-rights law and the protection that should be ensured by the Judiciary.