Migrants

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T-025 of 2004

The Constitutional Court of Colombia (“the Court”) used its judicial review powers to assess the situation of displaced persons in Colombia. Around 1,150 family groups filed tutela or protection claims with their respective municipalities regarding the state’s duty to protect them due to their status as displaced persons. They requested aid, but the state denied aid or gave it for an incomplete amount of time, citing budgetary constraints.

Auto 005 of 2009

This case resolves an auto action to protect the rights of the displaced Afro-Colombian population in conformance with the court’s prior declaration in the T-025 decision of 2004 of an “unconstitutional state of affairs” around the situation of the forcibly displaced population.

Auto 004 of 2009

In this Auto, the Court was gravely concerned with the threat that internal displacement posed to the existence of Indigenous Peoples in Colombia. The Court attributed this threat to three main factors: (1) rupture of structures and community disintegration; (2) culture shock outside of their ancestral lands; (3) getting caught in the middle of the violence.

Auto 251 of 2008

Under Colombian constitutional law, children must receive priority in care and safeguarding of their rights. Despite this, over fifty percent of the internally displaced population in Colombia is made up of children and adolescents below the age of 18. The Court in this case found that the governmental response has been largely inexistent and inefficient in resolving the myriad violations of childrens’ human rights.

Vélez Loor v. Panamá

This case involves a request for provisional measures with the Inter-American Court of Human Rights (“Court”), filed by Center for Justice and International Law (CEJIL), the representatives of Jesús Tranquilino Vélez Loor, pursuant to Articles 63(2) of the American Convention on Human Rights and 27(3) of the Court’s Rules of Procedure.

International Commission of Jurists (ICJ) and European Council for Refugees and Exiles (ECRE) v. Greece, Complaint No. 173/2018

The International Commission of Jurists (ICJ) and the European Council for Refugees and Exiles (ECRE) alleged that migrant children in Greece and on the Greek islands have been deprived of their rights that are guaranteed within the Revised European Social Charter (hereinafter “the Charter”). These include the rights to housing compatible with human dignity; social, legal, and economic protections; health; social and medical assistance; and education.

Dejusticia’s New Course on Social Rights in Migration Contexts

Dejusticia has announced a new course entitled, “Social Rights in Migration Contexts,” to be held in Bogotá, Colombia, from November 25 to 29, 2019.

The one-week course is designed for...

Ahmad Shah Ayubi v. Bezirkshauptmannschaft Linz-Land

Refugees with Temporary Residency Must Be Treated the Same as Citizens for the Purpose of Social Benefits, EU Court of Justice Rules

Mr. Ayubi’s refugee status qualified him for a three-year residency permit and enabled him to apply for state assistance. Under Austrian law, Mr. Ayubi’s temporary residence status restricted him to receiving the minimum amount of benefits, and the District Administrative Authority of Linz-Land granted him the minimum basic allowance and a temporary supplemental allowance.

Toussaint v. Canada, CCPR/C/123/D/2348/2014, 2018

UN finds rights violations in irregular migrant being denied essential health services

Nell Toussaint challenged Canada’s denial of health care coverage to undocumented immigrants under the under the federal government’s program of health care to immigrants, called the Interim Federal Health Benefit Program. After exhausting domestic remedies, Toussaint brought her claims to the United Nations Human Rights Committee (Committee) under the optional complaints procedure (first optional protocol) to the International Covenant on Civil and Political Rights, which Canada ratified in 1976.

A Toolkit for Reporting to CEDAW on Trafficking in Women and Exploitation of Migrant Women Workers

The Global Alliance Against Traffic in Women launched a toolkit for reporting to CEDAW on trafficking in women and exploitation of migrant women workers. The toolkit explores the main purposes of the Convention on the Elimination of All Forms of Discrimination against Women (...