INTERNATIONAL LEGAL FRAMEWORK ON CROSS-BORDER MIGRATION: A HUMAN RIGHTS PERSPECTIVE

Abstract

The international legal framework on cross-border migration, while lacking a unified legal corpus, comprises a complex network of conventions, standards, and institutions that collectively address the multifaceted issues of migration. This study examines these legal instruments through a human rights lens, highlighting the core principles and norms that impact the rights of migrants. Despite the absence of a comprehensive global migration law, various international mechanisms provide for the protection and rights of migrants, with human rights law playing a pivotal role in mitigating the extensive regulatory authority exercised by states over cross-border movements. The analysis explores key human rights guarantees applicable to migrants, including the rights to life, liberty, security, freedom from torture, and protection from slavery. It also delves into emerging issues such as environmentally induced migration, a pressing contemporary concern that underscores the need for a more robust international legal response. Although the current legal framework offers a degree of protection, significant gaps persist, particularly in addressing the unique vulnerabilities of migrants displaced by environmental factors and those migrating for family or economic reasons. This study advocates for strengthening the international legal regime by developing more comprehensive norms and frameworks to safeguard the rights of all migrant groups, ensuring that human rights principles are effectively integrated into global migration governance. Addressing these gaps is essential for establishing a more equitable and humane international system that balances state sovereignty with the fundamental rights of migrants.