De papeles y derechos. La difícil traducción del paradigma de derechos humanos en la política migratoria de la Argentina actual

Abstract

Objective/Context: The article seeks to analyze the problematic and paradoxical normative-administrative translation of the paradigm of human rights in Argentina’s current migration policies. The study of this case is of particular interest, on the one hand, because Argentina has been and is the leading Mercosur country receiving migrations in the past decades, and, on the other hand, because its migratory management model, inaugurated in 2004 with the sanction of the Law of Migrations 25871, even if it finds itself based around the human rights approach, coexists with an emphasized tendency towards securitization and control. Methodology: The investigation that supports this article is qualitative: the main ideas and conclusions have been extracted from the study of laws, decrees, regulations, reports, and resolutions emitted by different national and international public agencies, also from the comparison and contrast with secondary bibliography. Conclusions: The advancement of the securitarian approach on migration, centered more on control than regulation, together with the lack of normative and administrative adaptation of the different state agencies in the guaranty of rights recognized as universal, explain the ineffectiveness of the human rights paradigm in critical areas such as being the documentary regularization policy and the access to universal rights. Originality: The article seeks to deepen the analysis of Argentina’s migration policies, focusing on the different supra, intra, and counter-state levels involved in its implementation.