Thursday, November 27, 2014
Immigration Article of the Day: The Protection of Irregular Immigrants’ Rights in the Jurisprudence of the Inter-American Court of Human Rights: Developments and Challenges by Ana Beduschi,
Abstract: This article discusses the contribution of the Inter-American Court of Human Rights to the development of a human rights-based approach to international immigration law. In the late 1990s the Inter-American Court of Human Rights witnessed a period of extraordinary judicial activism. It pushed the boundaries of human rights to the realm of international immigration, including the protection of rights of irregular immigrants. Accordingly, this article argues that the Inter-American Court has the potential to promote an extended form of protection of irregular immigrants’ rights in Latin America. It also suggests that principles developed by the Inter-American jurisprudence have the potential to effect changes in the European sphere. It is, however, submitted that the Inter-American system still has many challenges to overcome, notably concerning compliance with judicial decisions and effectiveness of the protection of rights. These challenges, which are not purely legal or institutional, are strongly dependent on the cultural, political and societal Latin American context. They may therefore cast some shadow on the development of a stronger humanized approach to international immigration.