Soft Law - The importance of including concepts such as refugees and migrants in international documents based on the policy briefings of the C-20-G-20

Authors

  • CELESTE LEITE DOS SANTOS MINISTÉRIO PÚBLICO DO ESTADO DE SÃO PAULO
  • LUCIANA SABBATINE NEVES

DOI:

https://doi.org/10.58725/rivjr.v3i1.110

Keywords:

Soft Law, C-20-G-20, policy briefing, human rights, refugees migrants

Abstract

In this paper, we analyze the relationship between the choice and conceptual insertion of terms such as “refugees” or “migrants” in international soft law documents and their relevance based on the legal effects they generate. We argue that words play an essential role in establishing obligations, since declarations of principles and international resolutions are based on them for their interpretation and application, so the choice and insertion of terms in the textual body are decisive for their correct interpretation, directly affecting the extent of the obligations assumed and the scope of the rights guaranteed at international level. The methodology used is a combination of a bibliographical, deductive and descriptive review; the hypothesis aims to demonstrate that the choice of terms and their insertion in documents with soft law characteristics has important legal impacts. The objectives are divided into general: to demonstrate the legal impacts of inserting legal categories such as refugees and migrants into soft law documents and specific: tracing history of C20, G20, policy brifings; expose and analyze the main legal concepts involved in the work; to survey and analyze the consequences of inserting legal categories into international soft law documents. The study is justified insofar as it deals directly with the establishment of international obligations, effects and the realization of human rights.

Author Biography

CELESTE LEITE DOS SANTOS, MINISTÉRIO PÚBLICO DO ESTADO DE SÃO PAULO

Prosecutor at the Public Ministry of São Paulo since 2007. PhD in Civil Law from the Faculty of Law of the University of São Paulo. Master in Criminal Law from the Pontifical Catholic University of São Paulo. Specialist in Economic Criminal Law from the University of Coimbra. Specialist in Diffuse and Collective Rights from the Superior School of the Public Ministry of São Paulo. President of the Pró Vítima Institute (2022-20260. Creator of the Victim Statute (PL n. 3890-2020), the sexual harassment law and the avarc district law (Law n. 6,928, of August 2, 2021). Author of several works and scientific articles, such as Crimes Against the Environment (2002), Dano Psíquico (1996), As Especialistas (APMP, 2016, coordinator), History of Women in the MPSP (APMP, 2016, coordinator), Injusto Penal and the Rights of Crime Victims (Juruá, 2020).

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Published

2025-02-27

Issue

Vol. 3 No. 1 (2025): International Journal of Victimology and Restorative Justice

Section

Artigos

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Copyright (c) 2025 International Journal of Victimology and Restorative Justice

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