Structural discrimination as a barrier to the socio-economic inclusion of migrants: Deepening the impact of human rights law

Most of the barriers migrants face in achieving socio-economic inclusion are the product of lack of adaptation of the institutions in the host community to migrants’ particularities and needs, often reflecting a scenario of structural discrimination. Yet, migrants’ predicament is rarely ever framed as such, and complaints of discrimination against migrants tend to be dismissed under the assumption that non-nationals can be treated differently from nationals. In this article, I argue that the notion of structural discrimination can and should be used more actively in contexts of migration, and that it leads to a more effective protection of migrants’ rights in the application of positive human rights obligations. I explore the concept of structural discrimination and the reasons why discussions on migrants’ rights hesitate to engage with it. I then examine how different international human rights bodies have interpreted states’ positive obligations of non-discrimination in eliminating barriers to the enjoyment of socioeconomic services and opportunities. Finally, I show that reference to structural discrimination can play a role in heightening the scrutiny of review bodies towards these obligations and help tackle barriers to migrants’ socio-economic inclusion.