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Table 1 Migration Legal Frameworks in selected Latin American countries

From: Towards a typology of social protection for migrants and refugees in Latin America during the COVID-19 pandemic

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)    
  1. Source: Own elaboration based on review of Legal Regulatory Frameworks in each of the seven country case studies