Crisis migratoria, Derechos Humanos, Derecho a no emigrar, Proyecto de
vida, Justicia de llegada
This paper postulates the theoretical formulation of the human right "not
to emigrate" as the core of an adequate solution to the migration crisis faced by
the European Union, especially in the Mediterranean Sea. The last episode of the
21st century refugee catastrophe put in serious contradiction fundamental
principles of traditional positive law with basic human rights that require a fair
and not merely utilitarian harmonization in order to provide satisfactory legal
answers to the socio-political problem at hand.
The Global Pact on Migration of 2018 establishes a "regular, orderly and
safe" migration, but the legal response based on national sovereignty leads many
States (some with nationalist governments of a neo-fascist nature of the extreme
right) to promote and practice xenophobia, racism and aporophobia with a
notable increase in deportation, judicialization of migration, expulsion,
confinement, construction of walls, extortion, kidnapping, disappearances, rape,
torture, death (20.014 in the period from 2014 to date on the Mediterranean
routes), degrading inhumation and human trafficking (close to the reduction to
slavery by criminal organizations).
For these reasons, the legal response of the human right "not to emigrate"
constitutes a proposal of our discipline that is adequate and, until now, not very
developed, to harmonize, with justice, the basic human rights in the international
community that consecrates humanism and the supreme principle of Law, which
is to allow the human dignity of the free choice of the life project of each person,
regardless of place of birth, beliefs, gender or skin color.
Migratory crisis, Human Rights, Right not to emigrate, Life project, Arrival