Integración y Migraciones. Las políticas migratorias de Argentina y su relación con las políticas migratorias del MERCOSUR desde la perspectiva de los Derechos Humanos (2003-2013)

Abstract

Between the years 2003 and 2013, Argentine has had an undeniable role as a driving force for open politics related to the recognition of the migrants rights, in an international context characterized by imposing more and more barriers to the migration, violating those rights in many cases. Changes in politics and in the Argentinian regulations regarding migration rights have been connected to the process of the MERCOSUR integration from a human rights point of view. The Argentinian legislation, Law Nº 25.871, shows a breakdown with foreign politics, leaving aside the conception of a restrictive and controlling migration politics and making room to a more respectful human rights politics which adheres and adjusts to the international treaties' postulates in a progressive way. The MERCOSUR regulations show certain progress regarding block's politics that are in favor of the migrants rights based on recent regulations from other part states. The expansion of the labor, educational and politics rights of the MERCOSUR migrants in Argentina shows quite progress. The connection between Argentina and the integration process concerning migration and human rights is partial and limited; the lack of harmony in politics inside the MERCOSUR presents a great challenge, given that not all countries suscribe and apply to this progress in the same way, preventing the effective respect and application of the fundamental rights of the migrant population.