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Migration And The European Convention On Human Rights
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Book Synopsis Migration and the European Convention on Human Rights by :
Download or read book Migration and the European Convention on Human Rights written by and published by Oxford University Press. This book was released on 2021-02-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Human Rights of Migrants in European Law by : Cathryn Costello
Download or read book The Human Rights of Migrants in European Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Are Human Rights for Migrants? by : Marie-Benedicte Dembour
Download or read book Are Human Rights for Migrants? written by Marie-Benedicte Dembour and published by Routledge. This book was released on 2011-05-27 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.
Book Synopsis Irregular Migration And Human Rights by : Barbara Bogusz
Download or read book Irregular Migration And Human Rights written by Barbara Bogusz and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives.
Book Synopsis Asylum and the European Convention on Human Rights by : Nuala Mole
Download or read book Asylum and the European Convention on Human Rights written by Nuala Mole and published by Council of Europe. This book was released on 2007-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Migration and Human Rights by : Ryszard Cholewinski
Download or read book Migration and Human Rights written by Ryszard Cholewinski and published by Cambridge University Press. This book was released on 2009-11-26 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
Book Synopsis Migration and the Right to Health by : Paola Pace
Download or read book Migration and the Right to Health written by Paola Pace and published by UN. This book was released on 2007 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Aliens before the European Court of Human Rights by : David Moya
Download or read book Aliens before the European Court of Human Rights written by David Moya and published by BRILL. This book was released on 2021-07-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis When Humans Become Migrants by : Marie-Bénédicte Dembour
Download or read book When Humans Become Migrants written by Marie-Bénédicte Dembour and published by Oxford University Press. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The treatment of migrants is one of the most challenging issues that human rights jurisprudence faces today, as the controversies surrounding immigration often lead to practices that are at odds with the ethics of treating migrants as individuals worthy of human rights. This book examines the opposing ways in which the European Court of Human Rights and the 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 as human beings in the first instance. When Humans Become Migrants argues that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to migration. It shows how these trends formed at the courts, and assesses whether their approaches have changed over time. Ultimately it asks whether the divergence in the case law of the two courts is likely to continue, and what avenues exist in order to produce a more progressive case law at Strasbourg"--Unedited summary from book jacket.
Book Synopsis Human Rights and Immigration by : Ruth Rubio-Marín
Download or read book Human Rights and Immigration written by Ruth Rubio-Marín and published by Oxford University Press. This book was released on 2014 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Lives saved. Rights protected. by : Council of Europe
Download or read book Lives saved. Rights protected. written by Council of Europe and published by Council of Europe. This book was released on 2019-07-29 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing loss of life and protecting the human rights of refugees, asylum seekers and migrants at sea The protection of refugees, asylum-seekers and migrants travelling by sea forms an integral part of international human rights, refugee and maritime laws. As explained in this document, states have clear obligations to aid any person found in distress at sea, to rescue people in distress and to ensure that their rights – including the right to life and to protection from refoulement – are upheld. Therefore, the Council of Europe Commissioner for Human Rights is putting forward a Recommendation on how to help member states make these rights practical and effective.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis Asylum and the European Convention on Human Rights by : Nuala Mole
Download or read book Asylum and the European Convention on Human Rights written by Nuala Mole and published by Council of Europe. This book was released on 2010-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Issues in International Migration Law by : Richard Plender
Download or read book Issues in International Migration Law written by Richard Plender and published by Hotei Publishing. This book was released on 2015-02-05 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lively collection presents the revised papers resulting from a conference held at the Faculty of Law of the University of Groningen under the auspices of the Groningen Centre for Law and Governance and the Department of European and Economic Law. The conference brought together scholars from a number of countries to examine a series of current issues in international migration law - a topic which continues to be of major importance worldwide. The collection aims to widen horizons in the debate and assist in achieving an understanding of the fact, often forgotten by those who prefer rhetoric to understanding, that migration is a truly global phenomenon. While Europe is at the forefront of population changes and debates on the control and management of migration, there are major issues and crises in many areas across the globe, and various contributions to this volume rightly draw attention to them.
Book Synopsis The right to leave a country by : Council of Europe
Download or read book The right to leave a country written by Council of Europe and published by Council of Europe. This book was released on 2013-10-01 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to leave a country, including one's own, is a necessary prerequisite to the enjoyment of a number of other human rights, most notably the right to seek and enjoy asylum and to be protected against ill-treatment. States are entitled to place restrictions on the right to leave, if they are in compliance with the European Convention on Human Rights and the European Court of Human Rights case law. A number of measures taken or envisaged in recent years by some Council of Europe member states in the Western Balkans pose serious challenges to the right to leave a country, enshrined in the 1963 Protocol No. 4 to the European Convention on Human Rights, as well as to the right to seek and enjoy asylum. The situation is of particular concern to the Council of Europe Commissioner for Human Rights given that these restrictive, migration-related measures have been adopted at the instigation of EU member states in pursuance of their immigration and border control policies, and have been tainted by discrimination as they have targeted and affected, in practice, the Roma. This Issue Paper examines the right to leave a country and what it means both as a right in international human rights instruments and as interpreted by European courts and UN treaty bodies. It focuses on six major themes: the right to leave a country, including one's own; the right to seek and enjoy asylum; non-nationals' right to leave a country; prohibited discrimination as regards the right to leave a country; the situation in the Western Balkans; and the impact of the EU externalisation of border control policies on the right to leave a country. The conclusions highlight the need for European states to examine or re-examine their migration laws and policies in order to fully align them with the European Convention on Human Rights and the Court's jurisprudence.
Book Synopsis When Humans Become Migrants by : Marie-Bénédicte Dembour
Download or read book When Humans Become Migrants written by Marie-Bénédicte Dembour and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The treatment of migrants is one of the most challenging issues that human rights jurisprudence faces today, as the controversies surrounding immigration often lead to practices that are at odds with the ethics of treating migrants as individuals worthy of human rights. This book examines the opposing ways in which the European Court of Human Rights and the 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 as human beings in the first instance. When Humans Become Migrants argues that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to migration. It shows how these trends formed at the courts, and assesses whether their approaches have changed over time. Ultimately it asks whether the divergence in the case law of the two courts is likely to continue, and what avenues exist in order to produce a more progressive case law at Strasbourg"--Unedited summary from book jacket.
Book Synopsis The European Convention of Human Rights Regime by : Dia Anagnostou
Download or read book The European Convention of Human Rights Regime written by Dia Anagnostou and published by Taylor & Francis. This book was released on 2022-10-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.
