Table 1 Migration Legal Frameworks in selected Latin American countries
Country | Equality before the law | Extension of social and economic rights | Legal framework inclusion of specific social rights | ||
|---|---|---|---|---|---|
Implicit | Explicit | Includes irregular migrants | |||
Brazil | ☑ Federal Constitution [1988] (Art. 5) | ☑ Included | Health, education, labour, social assistance and security (Migration Law, Art. 4) | Legal clarity and full inclusion | |
Migration Law 13,445/2017 (Art. 3, XI) & Refugee Act 9,474/1997. (Art. 5, II) | |||||
Colombia | ☑ Political Constitution (Art. 100) | ☒ Not included, except for emergency health and education | Civil rights (Political Constitution, Art. 100) | Legal ambiguity and partial inclusion | |
Law 1465/2011: National Migration System. CONPES 9650/2018. Decree 2840/2013 (refugees) | |||||
Chile | ☑ Political Constitution [1980] (Art. 19) | ☑ Refugee Law 20,430/2010 (Art. 13) | ☑ Included for education, health, and labour rights (Oficio ordinario no. 07/1008 (1531); Supreme Decree no.67) | Civil rights (Political Constitution, Art 19); Health, education, labour, social protection (Refugee Law, Art. 13) | Legal ambiguity and partial inclusion |
Ecuador | ☑ Political Constitution [2008] (Art. 9, 34, 35, 40, 41). Expanded Refugee Registry (2009) | ☑ Included | Health, education, labour, social protection (Political Constitution, Art. 3, 34, 35, 40) | Legal ambiguity and full inclusion | |
Organic Law of Human Mobility (Refugee included) (2017) | |||||
National Human Mobility Plan (2018) | |||||
Decree 826. Exception Visa for Humanitarian Reasons (VERHU) (2019) | |||||
Mexico | ☑ Political Constitution [1917] (Art. 1) | ☑ Migration Law (Art. 8 and 15) | ☑ Included for health and education services | Health and education for all migrants (Migration Law, Art. 8) | Legal ambiguity and partial inclusion |
☑ Refugee, Complementary Protection and Political Asylum Law (Art. 44) | Health, education, labour & identity for refugees and regular immigrants (Migration Law, Art. 15 & Refugee Complementary Protection and Political Asylum Law, Art. 44) | ||||
Peru | ☑ Political Constitution (Art. 2) | ☑ Migration law and regulations: Legislative Decree 1350, Supreme Decree 007–2017-IN | ☑ Included for access to justice, health, education and labour | Health, education and labour (Legislative Decree no. 1350, Art. 9; Migration Law & Refugee Act, Art. 14) | Legal ambiguity and partial inclusion |
☑ Refugee Act: Law 27,891, Supreme Decree 119–2003-RE | |||||
Uruguay | ☑ Constitution of the Republic [1967] (Art. 7 and 8) | ☑ Migration Law (18,250/2008) (Art. 7) | ☑ Included for education and health services and labour | Health, housing, education, labour and social protection (Migration Law, Art. 8 & Law on the Right to Refuge and Refugees, Art. 20) | Legal clarity and full inclusion |
☑ Law on the Right to Refuge and Refugees (18,076/2006) (Art. 20) | |||||