Constitutional Court and Chilean Migration Act: compatibility with international standards

Authors

  • Regina Ingrid Díaz Tolosa Universidad Bernardo O’Higgins

Abstract

The Constitutional Court issued two judgments on requests of inapplicability by unconstitutional of Decree Law n° 1.094, rules on foreigners in Chile, July 4 and September 10, 2013. Haitians entered to the country on a temporary work visa, but it was revoked on the basis that the work contracts were false. The arguments of both the majority vote and the separate opinions let us deduce the urgent need for a new Migration Act, as currently applicable Act is contrary to several provisions of the Constitution and also violates international standard for the protection of human rights of migrants.

Keywords:

Foreigners, Migration, International Standards, Constitutional Court