One of the most pressing challenges of our time is the movement of persons across borders and the correlative need for a comprehensive approach. The rapid changes associated with globalization have exacerbated the growing discrepancy between the inescapable social reality of migration and its legal regulation, which is traditionally understood through the myopic lenses of national interest and security. Political and legal debates on international migration are generally focused on issues such as border control, terrorism, transnational crimes and irregular migration. In such a context, human rights of migrants remain subordinate, if not marginal, subjects of states’ concern. While migrants often make significant socio-economic contributions to the country in which they work, states have not been willing to recognize the vulnerability of this particular group to human rights abuses. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW) exemplifies the...
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Vincent Chetail (2010) studied this question.