September 17, 2019
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Adèle de Mesnard, « Enjeux et complexité de la catégorisation juridique des migrations », Carnets du LARHRA, ID : 10670/1.671b0c...
This paper discusses the difficulties in understanding, through law, the migratory phenomena and the challenges underlying the exercise of legal categorization. The legal categorization of migrants is not a neutral process. It appears as a means of organizing, prioritizing and controlling migration flows. What is at stake is to attribute to migrants a legal identity that is intended to be imperative and that gives them a specific protection regime. This attribution has significant symbolic repercussions on the identity and lived realities of the individuals concerned. The terms used reflect the legislator’s perception of population movements and can influence society’s and migrant’s perception of themselves. The example of environmental displacement illustrates the difficulties of trying to bring complex population movements into very specific legal categories at all costs. Environmental displaced people resist the requirement of ‘true’ or ‘false’ in belonging to a particular category, as illustrated by the controversies surrounding the notion of ‘environmental refugees’. In this context, the question of sources appears essential since it affects not only the representations of migratory facts and the place of law in the (re)production of prejudices and a particular vision of displacement, but also the understanding of the needs and expectations of the populations concerned. This issue of sources also raises questions about the researcher’s own role and commitment, particularly when it comes to linking sensitive data with scientific data.