Her conclusion is clear: 'The idea that only states grant rights doesn’t reflect reality. Human rights are also shaped by people themselves. Their activism contributes to both the development and effectiveness of human rights law.'
Human rights and undocumented migrants
Undocumented migrants often live at the margins of the law. Their access to healthcare, education and legal protection is limited, and the risk of detention or deportation is real. Still, they engage in political activities: they organise protests, join trade unions and voice their concerns to local authorities. By doing so, they actively contribute to both the realisation and reform of human rights, Dez argues: 'Anyone who speaks out, gathers or organises is exercising political rights – even without legal residency.'
And that happens in many ways. Migrants set up activist sewing workshops, join labour unions or campaign at city halls. By making themselves visible, they exert influence – not only on their immediate environment, but also on how human rights are legally understood and applied.
Rights are created through use
Dez believes we should look beyond what the law says about migrants’ political rights and focus on practice: what rights are actually being exercised? And how does that affect their legal position? Through case studies – from solidarity networks to collective protests – she shows how political engagement leads to visibility, recognition, and at times, to changes in policies or laws.
She calls this process rights-making: actively shaping the law through collective action. 'Especially in times when human rights are under pressure, we must acknowledge that activism contributes to the law itself,' she says.
Political rights are more than the right to vote
Dez advocates for a broader and more inclusive interpretation of political rights. It’s not just about the right to vote – freedom of expression, assembly and association are equally essential. These freedoms enable migrants to organise and be recognized as rights-bearing individuals – a fundamental step towards legal and social justice. 'There’s considerable legal attention for the socio-economic rights of undocumented migrants, but political rights remain underexplored. That needs to change,' Dez states.
From theory to practice
The findings from this research are not only academically relevant – they also provide concrete tools for judges, policymakers, local authorities and legal professionals. 'We need a legal system that not only looks at what’s written on paper, but also at how rights are used and shaped in society,' Dez argues.
Human rights concern us all
Although her research focuses on a specific group, the message is universal: human rights are not exclusive. They are living, evolving, and collectively shaped. As Dez puts it: 'Human rights are not merely for the state to protect – they are for all of us to use.'
Jordan Dez will defend her PhD thesis on this topic at Ä¢¹½ÊÓƵ on 8 May.