The International Protection of Refugees in the Inter-American and European Human Rights Systems



Refugees, Principle of non-return, International Refugee Law, Inter-American Human Rights System, European Human Rights System


This article aims to present how the international protection
of refugees and asylum seekers occurs in the Inter-American and
European Human Rights Systems, based on the similarities and differences
in relation to the refugee concept and the scope of the principle of
non-refoulement. Thus, an analysis is carried out through comparative
methodology of the international jurisprudence of the Inter-American
Commission and Court of Human Rights and the European Court of Human
Rights, in particular on the return of refugees. Therefore, the article
seeks to understand the analysis of both international systems on the
subject in their judgments of concrete cases on human rights violations
of refugees and asylum seekers, verifying the challenges for the human
rights guarantees of refugees in the European and American contexts.
In this sense, the European Human Rights System has a more extensive
and vast jurisprudence related to refugees, however the Inter-American
Human Rights System presents more protective and advanced standards
and tendencies on migrants and refugees.