The Importance Of Human Migration

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Migrants are individuals who leave their country of residence or citizenship to move to another state. There are several reason reasons for migrant(s) to leave which include threat to life, civil unrest or war in home country, economic reason, human rights abuses, etc. The term ‘migrants’ and ‘aliens’ are essentially the same but may differ in the sense that aliens are considered persons who are not a citizen/nation of the State to which he/she resides in. There are 3 main types of migrants: regular migrants, irregular or unlawful migrants and asylum seekers. Regular migrants are individuals who move to a state that they are not a citizen of with documentated authorization for their stay and irregular/unlawful migrants are individual…show more content…
It is apparent that states may treat lawful and unlawful migrants who live within their territory differently. Nevertheless, it is pivotal for the respect of human dignity in any case. It is only prohibited for a difference in treatment if it places and irregular/unlawful migrant in and “unacceptable situation” when compared to migrants in a normal situation. Therefore, it has been defined by the ECSR that a distinct minimum standard of protection that must be provided to all migrants irrespective of their legality of residence in…show more content…
In addition, the ECSR has made referrence to N v the United Kingdom where the ECtHR has made a crucial observation that deportation of an irregular migrant can amount to inhuman treatment in some certain situations where no basic social services (food, shelter and medical treatment) were available for the complainant in the receiving State. Therefore it was implied by the ECtHR that such basic services/assistance should be obtainable in the State that is deporting the migrant, yet Article 3 do not in fact make available for irregula migrants to remain in the state for the continued benefit of support. In Yordanova and others v Bulgaria , the ECtHR held that in exceptional cases, the states obligation to secure shelter for vulnerable persons may be inferred from Article 8. Furthermore, Chapman v United Kingdom acknowledged that “Article 8 does no explicitly recognise a right to provide a home” , rather it establishes a right for the respect of a person’s home and restricts the scope of the ability for public authorities to interfere with this
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