Datos de la publicación

Autores

Georgina Vargas Vera

Diana Beatriz González Carvallo

María Fernanda Delgadillo Santos

Cristian Rodríguez Barrón

Diana Villamar Ramirez

Fecha de Publicación
Número de Páginas
167

Human mobility

Systematization of decisions until November 2023

Reseña

Human mobility in the American continent is particularly diverse, driven by multiple factors such as economic conditions, violence, and environmental disasters. Attimes, migration is voluntary, but often it is forced by circumstances beyond an individual's control.

The lnter-American Court of Human Rights (IACHR) has addressed this situation in its jurisprudence. lt has ruled on the right of migrants to have their due process rights and access to justice respected at all times, regardless of their immigration status; it has also referred to the obligation to provide refuge to individuals forced to leave their countries of origin due to persecution, as well as the prohibition on repatriating them if their safety is deemed to be at risk.

This booklet outlines the extensive jurisprudence developed by the lnter­American Court on human mobility, highlighting key precedents in the area. lt charts the progress made in protecting individuals in the context of mobility, ensuring that such protections are increasingly robust.

This booklet clearly demonstrates the essential role the lnter-American Court has played in protecting the rights of migrants, refugees, and displaced persons. lts jurisprudence has become a regional benchmark, providing both governments and civil society with increasingly robust tools to respect and guarantee the rights of all people in the context of human mobility­contributing to the broader goal of building fairer and more just societies for all.

Contenido

Introduction

Methodology

1. Limits to the regulation of nationality in the public policies of the States

1.1 The possibility of withdrawing nationality from naturalized persons

1.2 Recognition of nationality for persons born in the territory of a State

2. Rights and guarantees of migrants

3. Elements to be considered for the recognition of refugee or asylum status

4. The scope of the non-refund principle

5. Restrictions on the right of movement as a result of precautionary measures in criminal proceedings

6. Forced displacement

6.1 Forced displacement of indigenous peoples and communities

6.2 Forced displacement resulting from activities related to the pursuit of justice, the defense of human rights and the practice of journalism

Final considerations

Annex 1. Glossary of sentences

Annex 2. Reparations