Abstract

GUEVARA BERMUDEZ, José Antonio. Conections between the human rights of migrants and security: Is it possible to argue that undocumented migration is criminalized by mexican law?. Cuest. Const. [online]. 2014, n.31, pp.81-117. ISSN 1405-9193.

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.

Keywords : human rights; migrants; discrimination; national security; criminalization.

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