Migration with Dignity: A Legal and Policy Framework
Shanna N. McClain*1,, Carl Bruch*1, Erin Daly*2, James May*3, Yuko Hamada*4, Miko Maekawa*5, Nagisa Shiiba*6, Mikiyasu Nakayama*7, and Glykeria Tsiokanou*2
*1Environmental Law Institute
1730 M Street NW, Suite 700, Washington, D.C. 20036, USA
*2Delaware Law School, Wilmington, USA
*3SJ Quinney College of Law, Salt Lake City, USA
*4International Organization for Migration, Washington, D.C., USA
*5Sasakawa Peace Foundation, Tokyo, Japan
*6Institute for Global Environmental Strategies, Tokyo, Japan
*7Global Infrastructure Research Foundation, Tokyo, Japan
This article presents a legal and policy framework for Migration with Dignity. As the scale of internal and international migration continues to grow, rhetoric around migration has been increasingly politicized and intended to fuel feelings of xenophobia. The way migration is framed has a substantial impact on both how migrants are able to cope and manage their untenable situation, and how adaptive policy options are developed for facilitating the migration and transition of individuals. In recent years, a noticeable trend has emerged with courts employing human dignity arguments in cases involving fundamental human rights, including rights to equal protection. Dignity is built upon the premise that every human being has intrinsic and equal worth and value. Therefore, the Migration with Dignity framework offers an opportunity to focus on the challenges experienced by individuals and provide policy and legal options to governments, policy makers, and NGOs for how to better improve the transition of migrants into new settings and foster opportunities for improved livelihoods.
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