The Role of International Human Rights Law in Shaping National Immigration Policies

Abstract

Purpose: The main objective of this study was to explore the role of international human rights in shaping national immigration policies.

Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library.

Findings: The findings revealed that there exists a contextual and methodological gap relating to the role of international human rights in shaping national immigration policies. Preliminary empirical review revealed that international human rights law plays a pivotal role in influencing the development and implementation of national immigration policies. Secondly, the extent to which international human rights law impacts national immigration policies varies across countries and regions. Factors such as domestic political considerations, security concerns, and economic interests often interact with human rights norms, leading to a spectrum of policy outcomes. Moreover, the role of international institutions and mechanisms, including regional human rights bodies and international courts, cannot be understated. These institutions contribute to the enforcement of international human rights law and provide avenues for individuals and organizations to challenge states' immigration policies that violate human rights standards.

Unique Contribution to Theory, Practice and Policy: The Constructivism theory, Rationale Choice theory and the Institutionalism theory may be used to anchor future studies on international human rights laws. The study made the following recommendations: firstly, the enhancement of awareness and education, strengthening accountability mechanisms, promotion of regional cooperation, capacity building, and research and monitoring. The role of international human rights law in shaping national immigration policies is a dynamic and evolving area that requires continued attention and commitment from the global community. By recognizing the fundamental importance of human rights in immigration policies and implementing the recommendations outlined above, nations can strive for more just and humane immigration systems that protect the rights and dignity of all individuals, regardless of their immigration status.