Nacionalidad y ciudadanía bajo el enfoque de sistemas migratorios

Abstract

This paper aims to disembowel, from a holistic perspective, the effects of citizenship and nationality as institutions that exclude human rights, through the migratory systems approach within the phenomenon of human mobility. The relevance of this event is enormous nowadays, derived from the restrictive policies, violent border management, as well as the abuses and the omission of the States that condemn people in irregular situations to legal invisibility and a subhuman marginality. This comparison is enriched by the dismemberment of both internal and external elements, such as: State sovereignty, the international standardization of the concept of personhood, the principle of solidarity, and, finally, a proposal directed towards universal constitutionalism, a perspective that allows us to imagine the elimination of national barriers in order to establish material and legal guarantees for people in contexts of mobility, displacement, or forced migration. The method used has been the documentary, through the bibliographical review of several authors of which the most relevant have been chosen to address the topics under investigation. In this way, through this descriptive contrast, it is possible to expose important challenges to share and face as fellow world citizens, with the purpose of establishing debate and germinating councils of substantive solidarity to move towards eventual universal constitutionalism, and the proposal that the ecumenical concept of personhood, includes legally and materially, in an unrestricted and inviolable way, the recognition and protection of human rights, as well as their full guarantee with the same effects and benefits for all people, beyond the borders imposed in the sphere of a limited territorial space.