International Journal of Human Rights
Volume 21, Issue 9, 2017, Pages 1477-1503
Assessing the evolution of the Inter-American Court of Human Rights in the protection of migrants’ rights: past, present and future (Article)
Giupponi B.O.*
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a
Law Department, Liverpool Hope University, Liverpool, United Kingdom
Abstract
The article contributes a critical analysis of the case law of the Inter-American Court of Human Rights (IACtHR), reviewing the protection of migrants’ rights in the Inter-American Human Rights System. Specifically, the article’s aim is to scrutinise the possible constraints upon growth as regards the role played by the IACtHR. It examines the main drivers behind the evolution of the case law and the key principles laid down in emblematic cases with a view to answering this question. The article also discusses the articulation of a judicial dialogue between the IACtHR and its European counterpart, which has developed the jurisprudence on both sides. Evidence demonstrates that the IACtHR is being innovative in creating its own authentic judicial dialogue with national constitutional courts. Other regional human rights systems, such as the African system, could learn from this. Finally, the article identifies the success and the pitfalls in the approach taken to protect migrants’ rights. © 2017 Informa UK Limited, trading as Taylor & Francis Group.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85026259173&doi=10.1080%2f13642987.2017.1348736&partnerID=40&md5=445b857b1e8c734380a53d840b05356f
DOI: 10.1080/13642987.2017.1348736
ISSN: 13642987
Cited by: 1
Original Language: English