Humanrightization of Migration Discourses: A Conceptual Framework

This article explores the humanrightization of migration discourses, with particular attention to the concepts of legal (human rights) consciousness, ‘doing human rights’, and speech acts. We argue that over the past three decades, migration issues have increasingly been framed, discussed, and negotiated through the language of human rights. Politically and socially, this is reflected in frequent references to human rights within advocacy, justification, and the struggles of migrants and their allies. Legally, it is evident in courts and legal actors acknowledging human rights claims made by migrants, irrespective of their status. Human rights are also widely invoked in the everyday experiences of migration societies. The article conceptualizes humanrightization as a transformative process by which human rights norms become embedded in legal, political, and social discourses. This shapes the way migration-related conflicts are addressed across contexts. In contrast to earlier patterns of discretionary inclusion or exclusion, this trend marks a significant expansion of human rights frameworks. It reflects a broader development since the 1990s, where human rights have become central to justice, governance, and policymaking. The authors’ framework captures both the promise and the complexity of humanrightization. While it opens possibilities to challenge discriminatory laws, restrictive policies, and exclusionary practices, it does not assume a linear or inevitable progression. Rather, outcomes are shaped by shifting power relations and specific political conditions. By focusing on the humanrightization of migration, this article contributes to a deeper understanding of contemporary human rights practice in societies shaped by migration and transnational interconnection.