Research Handbook on International Law and Migration
Show Less

Research Handbook on International Law and Migration

Edited by Vincent Chetail and Céline Bauloz

Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: Migration and discrimination: Non-discrimination as guardian against arbitrariness or driver of integration?

Wouter Vandenhole


Equality is without doubt one of the central principles of human rights law. Equality has been claimed to be 'the most important principle imbuing and inspiring the concept of human rights', along with liberty, the 'dominant and recurring theme of international human rights law', and 'one of the most frequently declared norms of international human rights law'. The Inter-American Court of Human Rights has submitted that the principle of equality and non-discrimination is of a peremptory nature under general international law. There is a multiplicity of legal sources. Most United Nations (UN) core human rights treaties contain one or more provisions on equality or non-discrimination. Most of these provisions are of an accessory nature, that is, they guarantee non-discrimination with regard to the rights guaranteed in that particular treaty. The International Covenant on Civil and Political Rights (ICCPR) contains an independent non-discrimination clause (Article 26). Two of the UN core human rights treaties are essentially non-discrimination treaties, i.e., the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Convention on the Elimination of Discrimination against Women (CEDAW). Of particular relevance for migration are ICERD and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). Quite tellingly for the sensitivity of human rights for migrants, the latter is the least signed and ratified of all core UN human rights treaties.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.