Mexico City, Mexico, 4 November 2024.- Court rulings in Colombia, Brazil and Mexico Brazil has developed fundamental precedents in defending the rights of people on the move, recognizing key aspects such as the principle of non-refoulement and the priority of needs response to asylum requests for health reasons.
These rulings also concern family reunification in vulnerable contexts, priority in granting humanitarian visas, protection against internal displacement of indigenous communities and the obligation of States to legislate clear guidelines for the reception of migrants and guarantee their access to justice. In recognition of their contribution to improving the protection and living conditions of migrants, displaced persons and subjects of international protection, these resolutions were honored this Monday with the 2024 Sentences Award at the headquarters of the Supreme Court of Justice of the Nation (SCJN ) of Mexico.
“Access to justice is fundamental to ensure that the rights of migrants and people subject to international protection are protected and respected, especially in contexts of high vulnerability. The Sentencias Award highlights the role of justice systems in the Americas in building a human rights framework that protects those seeking asylum, protection and dignified living conditions in other countries,” stated the organizations that convened this competition, which since its creation has compiled and made visible more than 300 phrases from various countries in the Americas.
Award-winning phrases
- Colombia – Sentence T-9.217.712: The Constitutional Court of Colombia ruled in favor of a 90-year-old Venezuelan woman who emigrated to the country in an irregular situation seeking medical treatment. Given the lack of response to their request for refuge, the Court ordered the process to be prioritized and underlined the need to quickly address cases of elderly people in vulnerable situations.
- Brazil – Case of Haitian families: The Public Defender’s Office of the Union of Brazil defended several Haitian families who, due to violence in their home country, had requested humanitarian visas to enter that country. In its ruling, the Brazilian Ombudsman’s Office emphasized the right to family unity and the protection of children’s rights in a context of risk, urging the State to facilitate their entry as an urgent protection measure.
- Mexico – Amparo ruling 1401/2022: In Mexico, a federal court ruled in favor of the Triqui indigenous community, evicted from the main square of the city of Oaxaca. The ruling protects the rights of internally displaced persons and reaffirms the State’s responsibility to guarantee them access to dignified living conditions and to ensure that they can live in a safe space while a plan is formulated for their safe return to their community of origin or both cases. a resettlement plan.
- Mexico – Amparo ruling in Review 302/2020: In this ruling, a civil association questioned the Mexican policy of welcoming migrants and asylum seekers in the United States and denounced the lack of clear guidelines and adequate conditions. The First Section of the Supreme Court ordered that the rights of these people be protected, underlining the State’s duty to guarantee equal treatment and respect for the principle of non-refoulement.
- Brazil – Case of Afghan families: The Public Defender’s Office of the Union of Brazil supported the protection of seven Afghan citizens who, after fleeing the Taliban regime, were seeking to reunite with a family member residing in Brazil. The decision supports the issuance of humanitarian visas without requiring external sponsorship and ensures the protection of people at risk and reaffirms Brazil’s commitment to providing humanitarian refuge.
A regional effort to strengthen the protection of rights in mobility contexts
These sentences represent a step forward in defending the rights of migrants and people in need of international protection in the American region. Each ruling reaffirms the commitment of Latin American justice systems to the highest human rights standards and promotes policies and practices that promote the safety, inclusion and dignity of those who face difficult situations in human mobility processes.
The convening organizations celebrate one more year the work of judges and rights defenders who contribute with their decisions to strengthening justice and the protection of human rights in mobility contexts. Since its creation, the Sentencias Prize has made visible more than 500 decisions in favor of migrants, refugees and internally displaced persons, promoting good judicial practices on the continent.
Convening organizations
United Nations Refugee Agency (UNHCR), Mexican Association of Justice Providers, AC (AMIJ), Inter-American Commission on Human Rights (IACHR), Inter-American Court of Human Rights (CoIDH); Office in Mexico of the United Nations High Commissioner for Human Rights (UN-DH), International Organization for Migration (IOM), Committee on Migrant Workers (CMW), International Committee of the Red Cross (ICRC), Commission on Human Rights human Human Rights of Mexico City (CDHCM), National Commission for Human Rights (CNDH) and Sin Fronteras, IAP.
For further information:
International Committee of the Red Cross
Ana Langner Leiva
[email protected] Telephone: 525537176427
Without Borders IAP
Miguel Ángel Franco Díaz
[email protected] Telephone 5576703027
Interview between Time.news Editor and Migration Rights Expert
Time.news Editor: Good morning, and thank you for joining us today. With many recent court rulings in Latin America concerning the rights of migrants, we want to delve into the significant developments and what they mean for people on the move. Can you start by summarizing the recent rulings in Colombia, Brazil, and Mexico?
Migration Rights Expert: Good morning! Yes, absolutely. Recently, we’ve witnessed pivotal rulings in Colombia, Brazil, and Mexico, all aiming to uphold and protect the rights of migrants and individuals seeking international protection. For instance, the Colombian Constitutional Court prioritized a case for a 90-year-old Venezuelan woman who was seeking medical treatment but faced asylum request delays. This ruling emphasizes the urgent need for sensitivity regarding vulnerable populations, particularly the elderly.
Time.news Editor: That’s a touching example. Brazil’s rulings seem to focus on family unity and the protection of children. Can you elaborate on that?
Migration Rights Expert: Certainly. Brazil’s recent decisions demonstrate a strong commitment to family reunification, especially in context of Haitian families fleeing violence. The Public Defender’s Office in Brazil highlighted the necessity for urgent humanitarian visas and the protection of children’s rights, stressing that family unity must be prioritized in these dire circumstances. This ruling not only safeguards individual families but sets a precedent for addressing children’s rights in the broader context of migration.
Time.news Editor: And in Mexico, there have been significant rulings as well, especially for indigenous communities. Can you discuss these rulings?
Migration Rights Expert: Of course. One notable ruling involved the Triqui indigenous community, which had been evicted from their homes. The federal court’s decision acknowledged the rights of internally displaced persons and mandated the state to guarantee them dignified living conditions—essentially ensuring their safety and the possibility of returning to their communities or resettling. This ruling signifies a much-needed recognition of the unique vulnerabilities faced by indigenous people in displacement scenarios.
Time.news Editor: The principle of non-refoulement has also come up in these discussions. Why is this principle so critical for migrants and refugees?
Migration Rights Expert: The principle of non-refoulement is a cornerstone of international refugee law. It obligates states to not return individuals to a country where they are likely to face persecution, torture, or other serious harm. By reinforcing this principle, countries in Latin America are affirming their commitment to human rights and acknowledging the dire situations many migrants escape from. This principle is vital for ensuring that individuals receive protection rather than being subjected to possibly life-threatening conditions upon return.
Time.news Editor: The 2024 Sentencias Award highlighted these significant rulings. How does this recognition impact the legal landscape in the Americas?
Migration Rights Expert: The Sentencias Award serves as a crucial acknowledgment of the efforts made by judiciary systems in the Americas to uphold human rights in the context of migration. By spotlighting these jurisprudential developments, the award not only raises awareness but also encourages other nations to adopt similar protective measures. It fosters a collective movement toward strengthening legal frameworks that defend and advocate for the rights of vulnerable populations.
Time.news Editor: It sounds like we are witnessing an important movement in Latin America regarding migration rights. Where do you see the future heading in this domain?
Migration Rights Expert: I am cautiously optimistic. The recent rulings signify a shift toward greater sensitivity and a stronger legal footing for the rights of migrants and displaced persons. However, continuous advocacy is essential to ensure that these rulings translate into effective policies and practices on the ground. Collaboration between countries could also enhance the protection of migrants, ensuring that their rights are realized rather than just enshrined in law.
Time.news Editor: Thank you for shedding light on these critical issues. It’s encouraging to know that justice systems are evolving to better protect those in need. We appreciate your insights!
Migration Rights Expert: Thank you for having me. It’s vital that we continue to address these issues and advocate for the rights of all individuals, especially those in vulnerable positions.