The Treatment of Immigrants in the European Court of Human Rights PDF Download

Author: Amanda Spalding
Publisher: Bloomsbury Publishing
ISBN: 1509947418
Category : Law
Languages : en
Pages : 228

View

Book Description
This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.

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

View

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: Marie-Bénédicte Dembour
Publisher: OUP Oxford
ISBN: 0191644765
Category : Law
Languages : en
Pages : 575

View

Book Description
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

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

View

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

View

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: Izabella Majcher
Publisher: BRILL
ISBN: 9004360530
Category : Law
Languages : en
Pages : 848

View

Book Description
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France

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

View

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

View

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: Nuala Mole
Publisher: Council of Europe
ISBN: 9789287162175
Category : Law
Languages : en
Pages : 156

View

Book Description
Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment.. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats - both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers.

Author: Nuala Mole
Publisher: Council of Europe
ISBN: 9789287168191
Category : Business & Economics
Languages : en
Pages : 292

View

Book Description
Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats – both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers. --back cover.