The Contribution of the Inter-American Court of Human Rights to the Protection of Irregular Immigrants' Rights: Opportunities and Challenges

Refugee Survey Quarterly, vol. 34, 4, 2015

30 Pages Posted: 14 Nov 2014 Last revised: 16 May 2017

Date Written: December 1, 2015

Abstract

This article aims to re-evaluate and clarify the significance of the contribution of the Inter-American Court of Human Rights to the protection of irregular immigrants’ rights. It argues that this Court has placed itself at the forefront of a renewed approach to immigration, confirming its potential to promote an extended form of protection of irregular immigrants’ rights in Latin America. However, the actual protection of irregular immigrants’ rights promoted by the Court depends on Latin American countries’ capability to overcome several important challenges, in particular with respect to the compliance with judicial decisions and the effectiveness of the protection of rights. These challenges, which are not purely legal or institutional, are strongly dependent on the Latin American cultural, political and societal context. They may therefore hinder the impact of a stronger human rights-based approach to the protection of irregular immigrants’ rights in Latin America.

Keywords: Immigration, Inter-American Court of Human Rights, European Court of Human Rights

Suggested Citation

Beduschi, Ana, The Contribution of the Inter-American Court of Human Rights to the Protection of Irregular Immigrants' Rights: Opportunities and Challenges (December 1, 2015). Refugee Survey Quarterly, vol. 34, 4, 2015, Available at SSRN: https://ssrn.com/abstract=2523824

Ana Beduschi (Contact Author)

University of Exeter ( email )

Law School CSSIS
Rennes Drive
Exeter, Devon EX4 4RJ
United Kingdom

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