Abstract

JARAMILLO FONNEGRA, Verónica  and  SANTI PEREYRA, Silvana Estefanía. The reconfiguration of the human right to migrate: tensions between the principles of equality and non-discrimination in Argentina and Ecuador. Rev. IUS [online]. 2021, vol.15, n.47, pp.63-102.  Epub May 21, 2021. ISSN 1870-2147.  https://doi.org/10.35487/rius.v15i47.2021.664.

At the beginning of the new millennium, the ratification of the norms pertaining to human rights in Latin American countries and the slow incorporation of these international standards into local legislation provided the backdrop for the recognition of the right to migrate as a human right in Argentina’s Migration Law (2004) and the Magna Carta of Ecuador (2008). The present article sets out how the human right to migrate has been reconfigured in Argentina and Ecuador, in light of distinct political moments and changes in migratory flow. We adopt the case study method, from a comparative perspective, observing that, over the course of the last twenty years, these two countries have adopted various provisions, laws, and practices that question the principles of equality and non-discrimination in 63 the effective enforcement of rights.

Keywords : Human rights; regularization; migration control; Argentina; Ecuador.