Model International Mobility Convention: An Inter-American System of human rights reflection on the non-criminalization principle

This paper has been republished with the kind permission of the Brazilian Journal of International Law.

Abstract: This paper aims to provide an Inter-American reflection on the Model International Mobility Convention (MIMC), which is a proposal of an international convention on international mobility. First, it offers an introductory overview of the MIMC. Next, it analyzes the drafter’s background, and the MIMC references to assess how a perspective of the Member States of the Inter-American System of human rights was considered. The paper claims the need for a participatory assessment of scholars that provide an Inter-American view. Finally, it suggests some additions to the MIMC regarding the principle of non-criminalization of migration, based mainly on Brazilian law and the Inter-American Court of Human Rights jurisprudence. Other Inter-American contributions are also relevant and need to be the object of further studies.