References to human rights have become increasingly prominent in migration-related discourse and practices. Actors in migration societies frequently use the language of human rights to articulate their interests and goals. Concurrently, other actors challenge such rights-based claims to migrants’ inclusion. In the legal system, for example, doctrinal arguments based in human rights law and strategic litigation at the European Court of Human Rights play important roles in shaping European immigration and refugee law. In various contexts of political action, migrant and non-migrant activists, diaspora members and policymakers refer to human rights when making political claims, pursuing transitional justice, or legitimizing inclusionary and exclusionary migration and border policies. The advance of human rights discourse is also occurring in professional and other everyday contexts, where the attitudes of actors within migration societies are actually expressed and formed, such as in school contexts, in social work, and in social and traditional media. At the same time, however, European migration laws and policies are becoming increasingly restrictive, leading to human rights violations on a daily basis, discourses of exclusion, and a widespread perception of a “human rights backlash”. How do these observations match?
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