Expulsion of aliens: the application of International Law by Chilean superior courts

Abstract

This article aims to evaluate the role of Chilean superior courts in protecting the rights of migrants by applying international norms directly. The sample of jurisprudence analysed cover cases of expelled aliens from the last ten years, finding that the courts expressly referred to treaties in their reasoning in only a 10 percent of the total sample. The most common used treaty has been the Convention on the Rights of the Child, followed by the American Convention on Human Rights. With their implementation, courts have found several parameters that are relevant to consider before to expel an alien. Then the research contribute to remarks the role of national courts in protecting the rights of migrants by applying international norms, since there are treaties on human rights ratified and published in Chile, but an old domestic legislation that does not expressly incorporate those international standards.