Criteria for evaluating the proportionality of expulsion measures based on criminal records in relation to the right to family life under international human rights law

Abstract

This article outlines a set of criteria developed by International Human Rights mechanisms to assess when, and under what conditions, expulsion measures against migrants based on their criminal records constitute an arbitrary interference with the right to family life. The analysis begins with a review of relevant case law from the Human Rights Committee, followed by a brief overview of criteria established by the European Court of Human Rights. The article then explores how these developments might be adopted by the Inter-American Court of Human Rights, given that this issue has not yet been addressed in its cae law.