Taking right to remittances seriously

• Autor(a) principal: Xavier, Fernando César Costa
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica da Ufersa
• Texto Completo: https://periodicos.ufersa.edu.br/rejur/article/view/9110

This paper argues that migrant’s right to transfer part of his economies and goods to another country, often to provide for his family and/or community – which will be referred to here as right to remittances – should be treated as a special migratory right, mainly because of the relevance that remittances have today on the global migration and development agenda. Although provided for in international standards for decades, legal literature on the right to remittance, its definition, nature and main features, is still scarce. By way of contribution, the text presents it as a double-ownership migratory right (both transfers’ remitters and recipients), linked to the right to development, whose exercise demands any state performance procedures (particularly the regulation of the financial system so as not to overburden remittances), and in which the foundations of an economic, social and cultural human right would be contained.