When humans become migrants: study of the European Court of Human Rights with an Inter-American counterpoint

The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.

Introduction -- The alien in the social imagination of the founding texts -- Rejecting the legacy of empire : postcolonial dereliction (East African Asians case) -- Dislocating families : the Strasbourg reversal (Abdulaziz, Cabales and Balkandali) -- Not-so-threatening foreigners : nationality as a core human rights issue (Advisory Opinion 4/84) -- Shattering lives : the normalisation of deportation (after Berrehab) -- The sleeping beauty awakens late : an absolute prohibition with many buts (around Soering) -- Social protection? All are equal, but some more so than others (after Gaygusuz) -- The voice of the Inter-American Court : equality as jus cogens (Advisory Opinions 16/99 and 18/03) -- Reparations are a big issue : taking human rights one step further (Yean and Bosico) -- Migrants, not criminals : the continual elaboration of strong human rights norms in the Inter-American system (Vélez Loor) -- Domestic asylum procedures aside : scrutinising Strasbourg's 'scrutiny' (M.S.S.) -- The darkest case law : condoning rightlessness (Bonger et alia) -- On the road to substantive equality : due process and non-discrimination at San José (Nadege Dorzema and Pacheco Tineo) / Lourdes Peroni -- Conclusion : The way forward.

The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.