The Intersection of Immigration Policies and Human Rights

Authors

  • Demtillah Wanjiru Catholic University of East Africa

Keywords:

Immigration Policies, Human Rights, Social Contract Theory, Migrant Rights, International Collaboration

Abstract

In an era marked by unprecedented global migration, understanding the intricate interplay between immigration policies and human rights has become an imperative task, demanding a comprehensive exploration of the multifaceted challenges and opportunities at the crossroads of legal frameworks and fundamental rights. The main purpose of the study was to explore the intersection of immigration policies and human rights. The study was anchored on the Social Contract Theory. The study conducted a comprehensive examination and synthesis of existing scholarly works related to the intersection of immigration policies and human rights. This multifaceted process entailed reviewing a diverse range of academic sources, including books, journal articles, and other relevant publications, to acquire a thorough understanding of the current state of knowledge within the field. Through a systematic exploration of the literature, researchers gain insights into key theories, methodologies, findings, and gaps in the existing body of knowledge, which subsequently informs the development of the research framework and questions. This study, spanning North America, Europe, and Africa, uncovered nuanced findings that underscore the intricate relationship between immigration policies and the safeguarding of human rights. The research illuminated disparities in the treatment of migrants across diverse geographical contexts, revealing variations in the alignment of legal frameworks with international human rights standards. Notably, gender-specific challenges, detention practices, and economic rights emerged as crucial factors influencing the human rights landscape for migrants, prompting calls for reforms. The study emphasized the pivotal role of non-governmental organizations in filling gaps where national policies fell short and highlighted the significance of informed public discourse for supporting rights-based immigration policies. The findings emphasize the importance of aligning immigration policies with international human rights standards and advocate for context-specific policy interventions. Beyond academia, the study has implications for policymakers, advocacy groups, and the broader public, urging a rights-based approach in crafting and implementing immigration policies. The call for collaboration between governments, NGOs, and civil society resonates as a central theme, emphasizing the collective responsibility to address identified gaps and fortify protective mechanisms for migrants. The study contributes significantly to theoretical frameworks by enriching the understanding of the relationship between immigration policies and human rights through the lens of Social Contract Theory. It provides practical insights by identifying challenges within immigration policies, offering evidence-based recommendations for policymakers, and bridging the gap between theory and policy. Ultimately, the research advocates for recalibrating immigration policies to prioritize human rights, fostering a more just and equitable global landscape for migrants.

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Published

2024-01-20

How to Cite

Wanjiru , D. (2024). The Intersection of Immigration Policies and Human Rights. American Journal of Law and Policy, 1(1), 1–12. Retrieved from https://forthworthjournals.org/journals/index.php/AJLP/article/view/21

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Section

Articles