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Idil Atak

This chapter offers a critical analysis of the policies and practices pertaining to the international human rights of migrants in a globalising world. An overview of the current normative and institutional framework is provided with a view to examining some of the major achievements in the field of migrants’ human rights protection at international and regional levels, in particular in Europe. The chapter highlights how State sovereignty involves a duty for that State to protect everyone under its jurisdiction, including migrants, regardless of their legal status. It is argued that despite the existence of an increasingly sophisticated human rights protection framework, States implement restrictive migration policies and practices that engender violations of the migrants’ human rights. It is ultimately argued that migration and asylum policies are dominated by States’ concerns over the security of their borders, domestic political sensitivities and economic interests.

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Idil Atak and François Crépeau