Bibliographic citations
Bendezú, C., (2024). Informe jurídico sobre la sentencia de fondo de la Corte Interamericana de Derechos Humanos en el Caso Habbal y otros vs. Argentina [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/28443
Bendezú, C., Informe jurídico sobre la sentencia de fondo de la Corte Interamericana de Derechos Humanos en el Caso Habbal y otros vs. Argentina []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/28443
@misc{renati/13542,
title = "Informe jurídico sobre la sentencia de fondo de la Corte Interamericana de Derechos Humanos en el Caso Habbal y otros vs. Argentina",
author = "Bendezú Pajuelo, Carla Naomi",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
The purpose of this report is to analyze the case of Habbal et al. v. Argentina, decided by the Inter-American Court of Human Rights. This judgment evaluates the case of Raghda Habbal and her daughters who, having Argentine nationality and permanent residence, respectively, the National Directorate of Population and Migration issued Resolution No. 1088, which declared their residency null and void. Said act implied that their presence in Argentina was declared illegal, their immediate expulsion was ordered, and their precautionary detention was ordered. To conduct the analysis, an evaluation of each right affected was taken into consideration, as well as the migratory status of each family member of the Habbal family. This showed that the Inter-American Court of Human Rights missed an opportunity to establish and generate new standards on human mobility, including issues such as nationality, statelessness, children, due process, among others. To this end, this paper has focused on the international legal instruments of the Inter-American Human Rights System, including the American Convention on Human Rights, jurisprudence, and advisory opinions, as well as norms that offer a focus on children, such as the Convention on the Rights of the Child. In this sense, the analysis is based on methodological and documentary tools and does not consider qualitative and/or quantitative tools.
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