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Analysis reveals NGOs' role in creating a legal framework against pushbacks, indicating rights expansion in migration contexts.
International experts, non-governmental organisations (NGOs), and legal scholars have transformed the right not to be subjected to enforced disappearance into a legal tool against exclusionary migration policies such as pushbacks. This innovative approach intersects enforced disappearance and migration and goes beyond presenting pushbacks as violations of non-refoulement . The article traces and embeds this progressive intersection into a wider process of ‘humanrightization’ in law, politics, and the everyday. The article presents this intersection in two steps. It first outlines the creation of the right not to be subjected to enforced disappearance and its monitoring institutions as the result of a decade-long struggle of international experts, NGOs, and legal scholars. The article then shows how these ‘doctrinal entrepreneurs’ shaped the continuous evolution of rights related to enforced disappearance by making it relevant as an authoritative resource in the context of migration. References to pushbacks in concluding observations to State Party reports and general comments provided by international experts, written inputs to consultation procedures from NGOs, or journal articles by legal scholars in relation to the Working Group on Enforced or Involuntary Disappearances (WGEID) and the Committee on Enforced Disappearances (CED) serve as examples of this discursive practice.
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Arden et al. (2025) studied this question.
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