Regional Human Rights Courts

Cathryn Costello and Vera Wriedt

Chapter 79 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 461-467 from Edward Elgar Publishing

Abstract: The main regional human rights bodies are the European Court of Human Rights (formerly also including the European Commission of Human Rights), the Inter-American Court and Commission of Human Rights, and the African Court and Commission on Human and Peoples’ Rights. This entry identifies their key institutional features and interpretative approaches to migration-related human rights protections. It contrasts their distinct approaches across key selected topics, namely nationality, asylum, non-refoulement, collective expulsions, and detention. This brief comparison reveals the interpretative shortcomings of European human rights jurisprudence when contrasted with the Inter-American and African systems. However, further comparative regional reseach is needed, in particular given the relative scarcity of research on migration and human rights under the African system.

Keywords: European Convention on Human Rights; American Convention on Human Rights; African Charter on Human and Peoples’ Rights; Non-refoulement; Expulsion; Detention; Nationality (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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