Inmigración y justicia Insuficiencia de la legislación mexicana: un reto para los derechos humanos

Orjuela, Fernando Neira
July 2009
Trayectorias;jul-dic2009, Vol. 11 Issue 29, p132
Academic Journal
The purpose of this study is to analyze the normativity and public policy regarding migrants in Mexico, so as to evaluate their pertinence and functionality in protecting their rights and their congruence with current processes of these shifts, as well as the international treaties implying them. To that end, we analyzed this issue in the United Nations Millennium Declaration of 2000, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which gave rise to the Facultative Protocol of the Convention against Torture and other Cruel, Inhuman and Degrading Treatment of 2002, and the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance of 2005. It is clear that, under its influence, the first Mexican immigration laws evolved from a perspective of restrictions and selectivity to the present-day General Law on Population, which still does not respond fairly to the case of Mexico as a country which has become a place of origin, destination and transit of migratory flows. More specific laws are needed, limiting the discretionary faculties of authorities and attending to migrants’ complaints before expelling them, since universal values of Man, and not just simple administrative provisions, are involved.


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