CEU Electronic Theses and Dissertations, 2025
| Author | Avellaneda Herrera, Maria |
|---|---|
| Title | Crossing The Darien: A Comparative Analysis Of Migrant Protection In The Darien Gap Under The European And Inter-American Systems |
| Summary | The recent humanitarian crisis in the Darien Gap, a dangerous corridor for thousands of migrants crossing from Colombia into Panama, exposes the urgent need for better human rights protections in border zones. This thesis undertakes a comparative analysis of the European Court of Human Rights (ECtHR) and the Inter-American Human Rights System (IAHRS) to identify best practices as the most progressive and integral protection of rights and legal standards that can guide state responsibility in addressing human rights violations. Using the Darien Gap as a case study, this research examines how both regional systems have developed jurisprudence on key issues such as the right to life, access to asylum procedures, detention and externalization. The methodological framework is grounded in comparative legal analysis and allows for an evaluation of how each system articulates state duties in contexts of crisis, mobility, and securitization. This thesis argues that while the Inter-American system provides valuable guidance on collective and structural violations, the European system offers procedural safeguards. The research highlight the framework of both systems to address the protection gaps faced by migrants in the Darien Gap and identifies the potential of regional mechanisms to shape state practices in line with international obligations, even in contested and high-risk transit zones. |
| Supervisor | Riemer, Lena |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2025/avellaneda_maria.pdf |
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