The Human Rights of Migrants in European Law PDF Download

Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0199644748
Category : Law
Languages : en
Pages : 401

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Book Description
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Author: Marie-Benedicte Dembour
Publisher: Routledge
ISBN: 1136700080
Category : Business & Economics
Languages : en
Pages : 265

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Book Description
Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due to the inherent characteristics of the concept of human rights? Third, should we look beyond human rights for an effective source of protection? Written is an accessible style, with a range of socio-legal and doctrinal approaches, the chapters focus on the situation of the irregular migrant in Europe and the United States. Throughout the book, nuanced theoretical debates are put in the context of concrete case studies. The critical reflections it offers on the limitations and possibilities of human rights protections for irregular migrants will be invaluable for students, scholars and practitioners.

Author: Cathryn Costello
Publisher:
ISBN: 9780191741128
Category : Emigration and immigration law
Languages : en
Pages : 356

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Book Description
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Author: Francesco Cherubini
Publisher: Routledge
ISBN: 1317804457
Category : Law
Languages : en
Pages : 300

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Book Description
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Author: Ruth Rubio-Marín
Publisher: Oxford University Press
ISBN: 0198701179
Category : Law
Languages : en
Pages : 336

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Book Description
This book examines major issues in the protection of the human rights of migrants. Providing a multi-jurisdictional and multi-disciplinary analysis, the work allows scholars, human rights practitioners and activists to access current discussions in the field.

Author:
Publisher: Oxford University Press
ISBN: 0192648276
Category : Law
Languages : en
Pages : 289

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Book Description
This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.

Author: Julian Lehmann
Publisher: BRILL
ISBN: 9004430393
Category : Law
Languages : en
Pages : 304

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Book Description
Asylum law in the European Union is ripe with caveats that allow for rejecting asylum applications due to ‘protection’ received in the home country or another location. Yet, when is ‘protection’ strong enough to make denying an application lawful?

Author: Loïc Azoulai
Publisher: Oxford University Press
ISBN: 019870853X
Category : Law
Languages : en
Pages : 257

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Book Description
This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.

Author: David Moya
Publisher: BRILL
ISBN: 9004465693
Category : Law
Languages : en
Pages : 306

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Book Description
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.

Author: Paola Pace
Publisher: UN
ISBN:
Category : Health & Fitness
Languages : en
Pages : 374

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Book Description
This study aims at providing a legal perspective on migration health in Europe through a review of European Community Law and Council of Europe instruments. Health inequalities between host populations and migrants, asylum seekers, refugees, victims of trafficking in persons and others in need of international protection and assistance persist in the region, both in terms of health status as well as in access to health services of equal quality. This study seeks to highlight the challenges to migration health within Europe, both in law and in its application. It is hoped that it brings us one step closer to ensuring respect for the right to health for all those who migrate, regardless of their status.