Searching for a legal framework to govern the "affective border":securing the right of families of missing migrants to know the truth about their missing relatives in international human rights law

While states have intensified their efforts to prevent migrant arrivals, the past decade has also seen a significant rise in deaths and disappearances of migrants undertaking irregular journeys. The (un)intended consequence of the focus on preventing arrivals is the neglect of the management of the remains of the deceased, as they are perceived to no longer pose a security threat. Consequently, there is reluctance to design a response to handle the remains of the deceased, manifested in the lack of a legal framework for the identification of the remains, and an investigation aiming to clarify the truth surrounding their death. Compared to the existence of a legal framework available to citizens and residents of the destination countries, this absence of a framework creates an “affective border” where the emotional needs of families of missing migrants, who are anxiously awaiting news of their loved ones, are excluded. This thesis explores how human rights law can address this exclusion, particularly through the right of families to know the truth about their relatives. It argues that this right, as articulated and developed by human rights bodies, should also extend to families of missing migrants. However, it also reveals that securing this right faces several challenges due to the transnational nature of the problem.