FENOMENO DELLA MIGRAZIONE E I DIRITTI DEGLI IMMIGRATI: UN DIRITTO O UN'ECCEZIONE?

Human migration is an innate human right. Migration has a historical background as old as human existence. To validate this hypothesis, I will broadly tackle the historical study of human migration and human rights. Emphasis will be on illustrating how human migration was and still is a global phenomenon, focusing on how migration as a natural right, has evolved in time. Based on research of scholarly materials, a study will be on human rights granted to a specific type of migrants and why human rights should be guaranteed to all migrants indiscriminately. I will illustrate the cost of controlling migration and why it should be left as free as trade. In the first chapter, I will broadly trace the historical background of human migration and human rights in pre and post Westphalian order and how the two interrelate: Is migration a human nature? Was there freedom in the past to migrate worldwide? Is freedom to migrate an inherent human right? Is colonization a type of immigration? How has the transit from communism to nationalism to internationalism affected the protection of a migrant worldwide? In the second chapter, I will explore the two major types of migration, i.e., forced, and voluntary, posing and giving answers to numerous questions such as: When is migration forced and when is it voluntary? What is the legal system protecting the rights of a migrant? What are the causes of migration? What is the relationship between human rights law and law governing migration? How is migration controlled? Accentuation will be put on analysing the use of detention camps and the non-refoulement principle and how they apply in migration control system. In the third and final chapter, the research work will be on arguing how migration should be as free as trade, as a way of acknowledging migration as a right to all. In a partial analysis of answering these questions, I will explore migrants’ human rights in practice and the advantages of making migration as free as trade, considering the human and economic cost of migration control as intended today. Are migrants’ human rights protection a frontline interest of nation-states during the posing of migration control policies? How are such policies implemented? When did humans lose their rights to migrate freely? Is migration indiscriminately a human right? I will be focusing on answering these strenuous questions throughout my research work. In the following chapters, I will address migration as a human right after the creation of geographical demarcations; forced and voluntary migration and the rights granted in public international law. Emphasis will be on outlining the already existing debate on rendering human migration borderless.