Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas
This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide an effective protect...
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| Format: | Article |
| Language: | English |
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MDPI AG
2019-11-01
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| Series: | Laws |
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| Online Access: | https://www.mdpi.com/2075-471X/8/4/31 |
| _version_ | 1811300031145181184 |
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| author | Alejandro Fuentes Marina Vannelli |
| author_facet | Alejandro Fuentes Marina Vannelli |
| author_sort | Alejandro Fuentes |
| collection | DOAJ |
| description | This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide an effective protection to unaccompanied children that enter irregularly into the territory of a given country, when the safeguards guaranteed at the national level are elusive or inefficient? By focusing on the pioneering jurisprudence developed by the Inter-American Court of Human Rights in recent years, this paper intends to unveil how a systemic integration of children’s rights, under the light of the current international law developments, could provide an effective protection for the rights of children in the context of migration processes. In fact, as a result of an evolutive, dynamic and effective interpretation, the regional tribunal has expanded the scope of protection of the American Convention on Human Rights, by taking into consideration and making known, references to instruments and provisions enshrined within the corpus juris of international human rights law, such as the UN Convention of the Rights of the Child, and—consequently—improving the level of protection of millions of children in the Americas. |
| first_indexed | 2024-04-13T06:45:15Z |
| format | Article |
| id | doaj.art-f496e29d24ae49b9952236014aa11480 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-13T06:45:15Z |
| publishDate | 2019-11-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-f496e29d24ae49b9952236014aa114802022-12-22T02:57:37ZengMDPI AGLaws2075-471X2019-11-01843110.3390/laws8040031laws8040031Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the AmericasAlejandro Fuentes0Marina Vannelli1Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI), P.O. Box 1155, SE-221 05 Lund, SwedenDepartment of Law, Umeå University, 901 87 Umeå, SwedenThis paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide an effective protection to unaccompanied children that enter irregularly into the territory of a given country, when the safeguards guaranteed at the national level are elusive or inefficient? By focusing on the pioneering jurisprudence developed by the Inter-American Court of Human Rights in recent years, this paper intends to unveil how a systemic integration of children’s rights, under the light of the current international law developments, could provide an effective protection for the rights of children in the context of migration processes. In fact, as a result of an evolutive, dynamic and effective interpretation, the regional tribunal has expanded the scope of protection of the American Convention on Human Rights, by taking into consideration and making known, references to instruments and provisions enshrined within the corpus juris of international human rights law, such as the UN Convention of the Rights of the Child, and—consequently—improving the level of protection of millions of children in the Americas.https://www.mdpi.com/2075-471X/8/4/31human rightsinter-american court of human rightsjudicial interpretationchild rightsbest interest principlemigrationsystemic integrationinternational lawcorpus juris |
| spellingShingle | Alejandro Fuentes Marina Vannelli Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas Laws human rights inter-american court of human rights judicial interpretation child rights best interest principle migration systemic integration international law corpus juris |
| title | Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas |
| title_full | Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas |
| title_fullStr | Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas |
| title_full_unstemmed | Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas |
| title_short | Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas |
| title_sort | human rights of children in the context of migration processes innovative efforts for integrating regional human rights standards in the americas |
| topic | human rights inter-american court of human rights judicial interpretation child rights best interest principle migration systemic integration international law corpus juris |
| url | https://www.mdpi.com/2075-471X/8/4/31 |
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