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The need of international protection in the area of migration

The emergence of an international law of migration has been discussed. Apart from the lack of autonomy, It is relevant to highlight that the different migration situations demand different kinds of protection. In this sense, this paper presents the classic difference between forced and voluntary migration, and explore the current state of the existing international protection for working migrants; refugees and other people in similar situations; internally displaced people; displaced people due to environmental reasons and displaced people due to violation of economic, social and cultural rights and lack of development. The inexistence or incipiency of adequate provisions of protection in international law for some of the aforementioned situations results in requests for refuge when this institute does not apply. The solution nowadays does not lie in the creation of a new branch of law, but rather in the application of international human rights norms to bring protection in the cases where specific international norms do not exist.

protection; migration; international law; migrants; refugees; stateless; displaced


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