Undocumented Migrants and the Failures of Universal Individualism
Temple University - James E. Beasley School of Law
November 25, 2013
Temple University Legal Studies Research Paper No. 2013-36
In recent years, advocates and scholars have made increasing efforts to situate undocumented migrants within the human rights framework. Few have examined international human rights law closely enough to discover just how limited it is in its protections of the undocumented. This article takes that failure as a starting point to launch a critique of the universal individualist project that characterizes the current human rights system. It then catalogues in detail the protections available to undocumented migrants international human rights law, which are far fewer than often assumed. The article demonstrates through a careful analysis of relevant law that the human rights framework contains significant conceptual gaps when it comes to the undocumented. It concludes by stepping away from human rights law and offering a radically innovative approach to protecting undocumented migrants and other vulnerable populations.
Number of Pages in PDF File: 67
Keywords: human rights, immigration
JEL Classification: K33, K39working papers series
Date posted: September 7, 2013 ; Last revised: November 25, 2013
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