Hacia una Revalorización del Derecho Blando Interpretativo: El Caso del Estándar Inter-Americano de Ingreso de los Migrantes a un Estado

Abstract

This paper studies the scope of interpretative soft law as a binding source in the Colombian legal order. Interpretation of international treaty law in the form of principles and standards is regarded as "guiding development". However, as it is ascribing meaning to treaties' rules, it must be sometimes regarded as applicable constitutional law when it is essential for the enforcement of Human Rights. Such is the case of the Inter-American standard for the entry of migrants into a State, contained in Resolution 4 of 2019, set forth by the Inter-American Commission on Human Rights, which adopted the Inter-American Principles on the Human Rights of All Migrants, Refugees, Stateless Persons and Victims of Trafficking in Persons (MARV Principles). Based on the contrast between this instrument and the Colombian administrative migration procedure, the paper draws the conclusion that the Colombian legal system does not integrate some of the principles and guarantees enshrined in the Inter-American standard, thus worsening the situation of the migrant population in Colombia.