People choose to move to improve their lives, find work, for education, to reunify, or for other reasons.
For this migration to be as healthy and positive as possible, it is important that in the host place there is recognition and guarantee of social rights since it is a necessary factor to guarantee that human beings, regardless of their nationality, are protected. Therefore, the legal situation in which a migrant finds himself, in accordance with the internal regulations of each State, must be reviewed and implemented to guarantee his safety. Next, the guarantees or social rights that migrants have will be addressed in more depth.
What are social guarantees? “are those constitutional precepts that regulate the principles, procedures and institutions that aim to protect, protect and vindicate the most vulnerable people, groups and sectors of society, whether socially, culturally or economically, taking into account criteria of social justice and collective well-being. to achieve their incorporation or access to the common good and their coexistence with other social classes, within a legal order” (Legal Concept, 2012).
However, these guarantees usually have their pros and cons depending on the status of the immigrant. The criteria are adjusted according to the regulations and admission criteria of each country and the conditions of entry of the migrant and their permanence in each: For example: If the person enters legally, their rights will be respected without any obstacles, something that would not happen with a migrant who does not have the necessary authorization or documents required by the immigration authorities; In the latter case, the person is left vulnerable to their rights regarding residing or working.
Therefore, it is always important to inform yourself, document yourself and migrate following the regular immigration processes to also be able to access rights such as:
Right to nationality: “Every person has the right to a nationality, which is guaranteed by the Universal Declaration of Human Rights” (Conceptosjuridicos,2022). However, there are several ways to obtain it, for example if it is by birth, nationality by choice, nationality by residence, among others.
Right to freedom of transit: The migrant has the right to move freely through the territory of destination.
Right to legal certainty and due process: The ethnic origin or immigration status of people will not be of vital importance; they have the right to be guaranteed that in any administrative or judicial process in which they are involved, the essential formalities, based on constitutional and international guidelines.
Right to consular assistance: Any detention of a foreign person occurs; The country that carries out such detention has the obligation to inform and contact the consular authority of the migrant's country of origin and to facilitate such communication, as well as allow the migrant to receive visits from consular personnel.
Right to non-discrimination: The State of the destination country must ensure the conditions that guarantee effective equality of treatment so that foreigners can enjoy their rights and comply with their obligations, as long as they satisfy the conditions established for their entry and permanence, in accordance with current laws.
Right to human dignity: “Human dignity means that an individual feels respect for himself and values himself at the same time as being respected and valued. It implies the need for all human beings to be treated equally and to be able to enjoy the fundamental rights that derive from them” (Lamm,2017)
To summarize: You must take into account the conditions of the country to which you decide to migrate and take into account whether it really complies with and applies human rights towards migrants regardless of their human condition.
We are all human beings and have the right to dignity and life regardless of our social class, ethnicity, race or religious beliefs; Therefore: every state must respect your rights regardless of your situation. In short, human rights must be guaranteed because they are those with which all people are born, without distinction of age, sex, ethnicity, national origin, beliefs, religion, thoughts or social class. They are attributes that each person has by virtue of existing and whose purpose is to guarantee their life in dignified conditions.
Sources
Lamm, E. (03 de 2017). La dignidad humana. Obtenido de DELS: https://salud.gob.ar/dels/entradas/la-dignidad-humana#:~:text=Dicho%20esto%2C%20dignidad%20humana%20significa,fundamentales%20que%20de%20ellos%20derivan.
Las Garantías Sociales. (12 de 11 de 2012). Obtenido de CONCEPTO JURÍDICO: https://definicionlegal.blogspot.com/2012/11/las-garantias-sociales.html
Nacionalidad. (2022). Obtenido de Conceptosjuridicos.com: https://www.conceptosjuridicos.com/co/nacionalidad/#:~:text=Toda%20persona%20tiene%20derecho%20a,la%20persona%20con%20el%20Estado.