The global compact for migration agreement and the principle of universality of human rights: The gender perspective

• Autores: Giuseppe Matteo Pezzullo
• Localización: Current Issues On Human Rights / coord. por Alexander Sungurov, Carlos R. Fernández Liesa, María del Carmen Barranco Avilés, María Cruz Llamazares Calzadilla, Óscar Pérez de la Fuente, 2020, ISBN 978-84-1324-552-2, págs. 301-314
• Idioma: inglés
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• Resumen

  • After World War II, the concern about the protection of fundamental rights led the International Community to create some legal instruments, norms and institutions that would have prevented other widespread violations of Human Rights. The same UN Charter enshrines, in its preamble and article 1, the principle of cooperation among countries for the promotion and protection of Human Rights and fundamental freedoms. In this context, articles 55 and 56 of the mentioned Charter have a paramount importance, as the former binds States to promote the continuous improvement of living conditions and in general the universal respect of fundamental rights while the latter fosters them to cooperate for the achievement of the objectives set in the previous article. Following these principles, the Global Compact, adopted on 2018, may be considered as one of the concrete political agreements to guarantee a high standard of living conditions for migrants, with the aim to eradicate any form of discrimination between citizens and foreigners. Indeed, though of non-binding nature, this document has a great impact because it strengthens the idea that the promotion and protection of fundamental rights is a global concern that needs to be addressed through common and cooperative policies by the international community.

    In this context, through an analysis of the Global Compact Agreement, I aim to reaffirm the idea of universality of Human Rights considering them as an indivisible structure of legal norms that encompass Civil and Political Rights and Economic, Social and Cultural Rights. In this first part, I try to demonstrate that the disagreement of a bunch of governments about this document might be considered as a regression that harms the proposals of the other international covenants already signed and ratified. Following this approach and taking in account the process of specification of Human Rights, the second objective of my paper is to analyze the gender perspective of the Global Impact Agreement finding whether it might effectively contribute to the achievement of the general objective set by article 5 of the Convention on the Elimination of All Forms of Discrimination against Women about the eradication of social and cultural patterns that de facto prevent the effective gender equality.