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Human Rights of Children in the Context of Migration Processes : Innovative Efforts for Integrating Regional Human Rights Standards in the Americas

Fuentes, Alejandro LU orcid and Vannelli, Marina LU (2019) In Laws 8(4). p.1-23
Abstract
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... (More)
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. (Less)
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author
and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Human rights, Inter-American Court of Human Rights, Judicial interpretation, Child rights, Best interest principle, Migration, Systemic integration, International law, Corpus juris, Mänskliga rättigheter
in
Laws
volume
8
issue
4
pages
23 pages
publisher
MDPI AG
external identifiers
  • scopus:85107942972
ISSN
2075-471X
DOI
10.3390/laws8040031
language
English
LU publication?
yes
id
58112639-9e4d-4230-be7b-43361f7eebb4
date added to LUP
2022-12-02 11:50:33
date last changed
2023-11-05 04:00:20
@article{58112639-9e4d-4230-be7b-43361f7eebb4,
  abstract     = {{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.}},
  author       = {{Fuentes, Alejandro and Vannelli, Marina}},
  issn         = {{2075-471X}},
  keywords     = {{Human rights; Inter-American Court of Human Rights; Judicial interpretation; Child rights; Best interest principle; Migration; Systemic integration; International law; Corpus juris; Mänskliga rättigheter}},
  language     = {{eng}},
  month        = {{11}},
  number       = {{4}},
  pages        = {{1--23}},
  publisher    = {{MDPI AG}},
  series       = {{Laws}},
  title        = {{Human Rights of Children in the Context of Migration Processes : Innovative Efforts for Integrating Regional Human Rights Standards in the Americas}},
  url          = {{http://dx.doi.org/10.3390/laws8040031}},
  doi          = {{10.3390/laws8040031}},
  volume       = {{8}},
  year         = {{2019}},
}