RIGHTS OF MIGRANTS: NOTES ON THE JURISPRUDENCE OF THE INTER- AMERICAN COURT OF HUMAN RIGHTS


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María Teresa Palacios Sanabria

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Doctor in Law and holder of a Master degree in Constitutional Law from Universidad de Sevilla, Spain. Associate Professor at the Universidad del Rosario (Colombia) and lawyer of the Universidad del Rosario. Director of the Human Rights Research Group of the Faculty of Jurisprudence of the Universidad del Rosario.



Abstract


The rights of migrants represent a challenge for States, because their guarantee evidences the permanent tension between the sovereignty of the States and the protection of human rights in the international context. This article will analyse if it is really possible to affirm the existence of a true evolutionary development of the jurisprudence of the Inter-American Court of Human Rights in a contentious and consultative way and which, therefore, may contribute to the improvement of the rights of migrants in the IACHR. To this end, the text will address the following parts: I) Regulatory framework oriented to the sovereignty of States; II) The progressive contentious jurisprudence of the Inter-American Court III) The advisory opinions: integrating elements of rights and; IV) Conclusions.



Keywords


Human rights, Inter-American Court of Human Rights, progressive development, inter- American jurisprudence, international migration



How to cite this article


Sanabria, María Teresa Palacios (2019). "Rights of migrants: notes on the jurisprudence of the Inter-American Court of Human Rights". JANUS.NET e-journal of International Relations, Vol. 10, N.o 2, November 2019-April 2020. Consulted [online] on the date of the last visit, https://doi.org/10.26619/1647-7251.10.2.9 



Article received on February 6, 2018 and accepted for publication on September 15, 2019