Migrant Rights Protections and Their Implementation in 45 Countries

To what extent do national governments protect the human rights of migrants, and what are the political and economic circumstances associated with more robust protection? To address these questions, we leverage a rigorous, novel database of migrant rights derived from international laws and standards. We evaluate the extent to which 64 indicators—divided into 17 different categories of migrant rights—appear in national statute and case law in 45 of the world's principal destination states. We find that 61% of the indicators of migrant rights in the Migrant Rights Database, derived from the international human rights baseline, are reflected in the letter of national law—nearly two out of every three. However, we also find that national authorities implement these de jure protections 71% of the time. Taken together, about 44% of migrant rights are both protected and implemented in the countries examined. In a correlational analysis, we find that governments tend to protect more rights when their countries are more democratic, maintain more independent judiciaries, protect more rights in their constitutions, ratify more human rights treaties, permit stronger civil society, and are characterized by more political stability. There is also a weak trade-off between de jure migrant rights protections and the number of migrants a country admits.

Authors

Institutions

Publication Details

Journal
International Migration Review
Published
2024-11-04
DOI
https://doi.org/10.1177/01979183241278613
Citations
3
Primary Topic
Migration, Refugees, and Integration
Type
article
Field-Weighted Citation Impact
3.40

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Migrant Rights Protections and Their Implementation in 45 Countries

Justin Gest, Ian M. Kysel, Lucas Núñez, Neslihan Kaptanoğlu et al.
3 citations
International Migration Review
Migration, Refugees, and Integration
3.40
article

Migrant Rights Protections and Their Implementation in 45 Countries

Justin Gest, Ian M. Kysel, Lucas Núñez, Neslihan Kaptanoğlu, Michael John Gigante
article en
3 citations

Abstract

To what extent do national governments protect the human rights of migrants, and what are the political and economic circumstances associated with more robust protection? To address these questions, we leverage a rigorous, novel database of migrant rights derived from international laws and standards. We evaluate the extent to which 64 indicators—divided into 17 different categories of migrant rights—appear in national statute and case law in 45 of the world's principal destination states. We find that 61% of the indicators of migrant rights in the Migrant Rights Database, derived from the international human rights baseline, are reflected in the letter of national law—nearly two out of every three. However, we also find that national authorities implement these de jure protections 71% of the time. Taken together, about 44% of migrant rights are both protected and implemented in the countries examined. In a correlational analysis, we find that governments tend to protect more rights when their countries are more democratic, maintain more independent judiciaries, protect more rights in their constitutions, ratify more human rights treaties, permit stronger civil society, and are characterized by more political stability. There is also a weak trade-off between de jure migrant rights protections and the number of migrants a country admits.

International Migration Review
George Mason University (US), Cornell University (US)
World Bank Group
Peace, Justice and strong institutions, Reduced inequalities
Openalex Percentile: Top 7%
Migration, Refugees, and Integration
3.40
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.