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

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.

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