THE STRATEGIC LITIGATION ON INTER-AMERICAN SYSTEM ON HUMAN RIGHTS IN LIGHT TO THE HUMAN RIGHT TO MIGRATE

Abstract

The article aims to analyze the contribution of the strategic litigation carried out by the Inter-American Human Rights System to the realization of the human right to migrate, by studying the reports and the legal nature of the Recommendations, presenting the follow-up mechanism, as well as the jurisprudence of the Inter-American Court of Human Rights, concluding with the demonstration of the contribution of the Inter-American System of Human Rights Protection to the evolution of the human right to migrate. The article adopts the deductive method to present, as a result of the research, the importance of strategic litigation, soft law and the mechanisms existing in the inter-American system for the materialization of the human right to migrate. The results of the research show that, although the individual does not have direct access to the Inter-American Court of Human Rights, the individual petition of the Inter-American Commission can contribute to the realization of human rights through the realization of the strategic litigation. The paper concludes by the importance of strategic litigation and soft law norms for the evolution of human rights in the era of risk globalization and cosmopolitan law.