Abstract

Courts of law as state bodies are obliged to respect and promote human rights. Chile is a member State of the international systems for the protection of these rights; therefore, the International norms that protect migrants rights should be applied during the judicial review of expulsion orders. This article reviews whether Chilean jurisprudence applies international standards In the protection proceedings that are Intended to review expulsion orders during the period of 2008-18. The analysis shows that there is not a major trend towards the direct application of international law, perhaps because, although the human rights treaties have been ratified and put into effect internally, the old migratory domestic legislation does not expressly incorporate these standards. The courts expressly refer to international treaties in only 10% of the sample. The most commonly used treaty has been the Convention on the Rights of the Child, followed by the American Convention on Human Rights. The protection of the family or the principles of the family unit and the best Interests of the child have been Identified as relevant parameters to consider before ruling on the expulsion of a foreigner.