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The due process in the expulsion of migrants: analysis of Decree 70/2017 in the light of article 8 of the American Con...
ISSN: 2545 - 8817Publisher: author   
The due process in the expulsion of migrants: analysis of Decree 70/2017 in the light of article 8 of the American Con...
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Law and Political Sciences
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1.3
Article Basics Score: 3
Article Transparency Score: 2
Article Operation Score: 3
Article Articles Score: 3
Article Accessibility Score: 3
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International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115278817
eISSN
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2545 - 8817
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Abstract
With the sanction of the Decree of Necessity and Urgency Nº 70/2017, the process of expulsion of migrants in the Argentine Republic was modified in order to accelerate the deportation of those foreigners who had violated migratory regulations or had been subject to a criminal process. Beyond the power of the State to regulate the admission of foreign people, it must be compatible with the internationally- contracted obligations, particularly with the principle of due process enshrined in the Art. 8 of the American Convention on Human Rights. It is the purpose of this work to analyse the scope of this guarantee, in order to determine if the special summary procedure currently applied in Argentina is respectful or violates it.