Conections Between the Human Rights of Migrants and Security. Is it Possible to Argue that Undocumented Migration is Criminalized by Mexican Law?

This article intends to clarify the contemporary migratory Mexican policies and their relationship with the concept securitization. Such concept has imprinted relevant decisions of institutional design and the instrumentation of public policies in the United States of America. Also it pretends to un...

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Detalhes bibliográficos
Autor: Guevara Bermúdez, José Antonio
Formato: artículo
Estado:Versión publicada
Fecha de publicación:2014
País:México
Recursos:UNIVERSIDAD NACIONAL AUTÓNOMA DE MÉXICO
Repositorio:Cuestiones Constitucionales. Revista Mexicana de Derecho Constitucional
Idioma:español
OAI Identifier:oai:ojs.pkp.sfu.ca:article/6068
Acesso em linha:https://revistas.juridicas.unam.mx/index.php/cuestiones-constitucionales/article/view/6068
Access Level:acceso abierto
Palavra-chave:human rights
migrants
discrimination
national security
criminalization
derechos humanos
personas migrantes
discriminación
seguridad nacional
criminalización
Descrição
Resumo:This article intends to clarify the contemporary migratory Mexican policies and their relationship with the concept securitization. Such concept has imprinted relevant decisions of institutional design and the instrumentation of public policies in the United States of America. Also it pretends to unravel the root causes of the human rights violations of migrants in transit through Mexican territory. Likewise the article analyses legal definitions of security as recognized in the Mexican Constitution, to evidence that the links between security and migration were originated in the XIX Century and such link is clearly stated only in the current migratory legislation. Also the paper makes an historical review of relevant legislation applicable to migration since the Mexican Independence from Spain in the XVIII Century. Such analysis highlights the justifications used in such pieces of legislation to limit the rights of migrants, as opposed to nationals. Finally the article includes a series of conclusions and recommendations with the purpose to prevent the systematic human rights violations of human rights of migrants in Mexico.