ABSTRACT

This chapter provides a rigorous analysis of the new 'complementary' human rights framework for refugees and asylum seekers developed by the Inter-American human rights system. It explores how the concept of asylum as a human right has been developed by the Inter-American system. The chapter analyses how the broader range of human rights in Inter-American instruments have been applied to the situation of asylum seekers and refugees. It examines the Commission's attempt to frame the principle of burden-sharing in human rights terms and assessing the overall scope of protection offered by the Inter-American human rights system to asylum seekers and refugees. The Organization of American States (OAS) was created through the entry into force of the OAS Charter, Charter of the Organization of American States, Bogotá, Colombia. Nonetheless, certain fault lines within purposive interpretation are already evident and require to be addressed by the authoritative institutions of the Inter-American human rights system.