Los derechos humanos como límite a la gestión de los flujos migratorios mixtos

Abstract

Even if it is true that the State is sovereign to decide who enters its territory, where and under which conditions, it is a competence that is limited because of the necessary human rights guarantees of the persons who form part of mixed migration flows. Thus, the principle of non refoulement finds its foundation in the guarantee of the right to life and not to be a victim of torture and other cruel, inhuman or degrading treatment or punishment and is applicable both to asylum-seekers or as migrants who find themselves in a situation of risk. At present, international tribunals and organs remind all states of their obligations to ensure respect for human rights of all persons, insisting on rationality and humanity in a social context which is dangerously turning towards populism and against those who are in a situation of special vulnerability.