Revista de Estudios Europeos


Glorimar Alejandra LEÓN SILVA

Universidad Autónoma de Chile


Revista de Estudios Europeos, n. 71, enero-junio, 2018, 102-122, ISSN 2530-9854



The so-called migratory exceptionalism 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 control, 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 principles 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 migrants.