Tensions Between State Sovereignty and Freedom of Movement: Legal Recognition of Migration in Ecuador, Argentina, and Chile
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Abstract
The interpretation of the right to freedom of movement conflicts with the principle of state sovereignty, which prevents the explicit recognition of the right to migrate in public international law. Despite this doctrinal obstacle, the article argues that this right can be legally recognized and that the constitutional and legislative advances of Ecuador, Argentina, and Chile provide evidence of this. The study adopts a qualitative approach that includes a literature review and the application of a comparative method across the three countries. The article contributes to the debate on the right to migrate and proposes it as an emerging human right. However, it also shows that recent reforms to migration laws, grounded in control and security, erode previous gains and revive sovereignty as an exclusionary discourse.
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Copyright (c) 2026 Eufemia Sánchez Borja
CC BY-NC-SA. This license allows sharing, copying, distributing, performing, and publicly communicating the work, as well as creating derivative works.
Author Biography
Eufemia Sánchez Borja (Universidad Central de Chile)
She holds a Ph.D. in Women’s Studies from the University of Granada, a master’s degree in International Relations from the Simón Bolívar Andean University, and is an expert in Peacebuilding and Conflict Management from the Autonomous University of Sinaloa and the University of Granada. She is currently pursuing a Ph.D. in Law at the Central University of Chile. Her academic career focuses on human rights, gender, human mobility, and law. She has served as a consultant and researcher for international organizations such as German Technical Cooperation, United Nations agencies, and the Ibero-American Federation of Ombudsmen. She has taught at the graduate level and has received scholarships and academic honors, including summa cum laude.

