La detención de extranjeros en situación de vulnerabilidad vs. Derechos humanos.

  1. Antonio MUÑOZ AUNIÓN
  2. Glorimar Alejandra LEÓN SILVA
Journal:
Revista de Estudios Europeos

ISSN: 1132-7170 2530-9854

Year of publication: 2018

Issue Title: Congreso internacional de Jovenes investigadores sobre la Union Europea

Issue: 71

Pages: 102-122

Type: Article

More publications in: Revista de Estudios Europeos

Abstract

The so - called migratory exceptio nalism on which contemporary migratory law is being built is a dangerous political movement: non - citizens have no right to vote, it is a fertile ground for popular anxiety, fearful of the negative consequences of migration, which creates misunderstandings about the level of refugee protection (an entirely different category of persons); also xenophobic positions are reactivated and the need of governments to demonstrate a strong position towards their electorate, leads to different forms of repressive contr ol, which has increased the detention of immigrants with diametrically opposed purpose to the preparation of their expulsion. The review of the reference documents "return directive and reception directive" make evident the presence of great humanitarian p rinciples enshrined in a plethora of international and regional instruments, but their maxims statements are in symbolic places. The analysis of international jurisprudence will finally allow us to make proposals and harmonious approximations according to the international standards of human rights of migrant