“Criminal or nay?” Migrants’ administrative detention within the IAHRS: lessons (not) learned by Europe

Abstract In this paper, several aspects of the administrative detention discipline in the light of the Inter-American Human Rights System (IAHRS) standards will be addressed. Through a comparative approach, the paper aims at assessing whether the latter provides better protection to detained migrants in respect of other regional systems, such as EU law or ECHR legal framework, from both a substantive and a procedural standpoint. In the first paragraph, a general introduction upon the structure and the aim of the IAHRS will be developed, emphasising the relevant sources of law which have been i...

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