Assessing the evolution of the Inter-American Court of Human Rights in the protection of migrants’ rights: past, present and future

Abstract

ABSTRACTThe 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.