The fundamental rights of irregular migrants in the European Union

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Publisher : GRIN Verlag
ISBN 13 : 366842067X
Total Pages : 61 pages
Book Rating : 4.6/5 (684 download)

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Book Synopsis The fundamental rights of irregular migrants in the European Union by : Alina Alexe

Download or read book The fundamental rights of irregular migrants in the European Union written by Alina Alexe and published by GRIN Verlag. This book was released on 2017-03-24 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: merit, Queen Mary University of London (Law Department), course: LLM, language: English, abstract: This paper examines two fundamental social rights belonging to irregular migrants: the right to work and the right to healthcare. Even though there is a lack of specific legal provisions directly applicable to this social category, the general ones, such as the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Political Rights, also concern undocumented migrants. They are analyzed from general to particular taking into consideration broad terms such as “all”, ‘every”, “everyone”, which include the specific category of undocumented migrants. The existent case law, although characterized by scarcity because of the migrants’ fear of being deported when lodging claims in courts, emphasizes the fact that this social category also has rights and these rights are recognized and defended in national and European courts. The obstacles in accessing fundamental rights are also analyzed. The practical implications are taken into consideration. Ideas to improve the exercise of fundamental rights to work and healthcare by irregular migrants are suggested at the end of every chapter. Being human beings, they have the right to social protection regardless of their status.

Irregular Migration And Human Rights

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004140115
Total Pages : 486 pages
Book Rating : 4.0/5 (41 download)

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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.

Human Rights of Irregular Migrants in the European Union

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Publisher :
ISBN 13 : 9783848781072
Total Pages : 359 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Human Rights of Irregular Migrants in the European Union by : Annalisa Morticelli

Download or read book Human Rights of Irregular Migrants in the European Union written by Annalisa Morticelli and published by . This book was released on 2021-06-11 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.

The Economic, Social and Cultural Rights of Migrants in an Irregular Situation

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Author :
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis The Economic, Social and Cultural Rights of Migrants in an Irregular Situation by : United Nations. Office of the High Commissioner for Human Rights

Download or read book The Economic, Social and Cultural Rights of Migrants in an Irregular Situation written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2014 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims to fill a significant knowledge gap on the human rights of irregular migrants. It seeks to describe barriers faced by irregular migrants in the exercise of such fundamental rights as the right to health, to education, to an adequate standard of living, to social security, and to just and favourable conditions of work, as well as trends and national policies, highlighting where possible examples of promising practice from around the world. It also draws attention to the guidance provided by international human rights law as well as related legal frameworks such as international labour law, and provides key messages on a human rights-based response to irregular migration.

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

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Author :
Publisher : Routledge
ISBN 13 : 0429515286
Total Pages : 257 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union by : Sergio Carrera

Download or read book Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union written by Sergio Carrera and published by Routledge. This book was released on 2020-02-25 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Fundamental Rights of Migrants in an Irregular Situation in the European Union

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis Fundamental Rights of Migrants in an Irregular Situation in the European Union by :

Download or read book Fundamental Rights of Migrants in an Irregular Situation in the European Union written by and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287158796
Total Pages : 88 pages
Book Rating : 4.1/5 (587 download)

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Book Synopsis Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights by : Ryszard Ignacy Cholewinski

Download or read book Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights written by Ryszard Ignacy Cholewinski and published by Council of Europe. This book was released on 2005-01-01 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication examines the minimum level of social rights which illegal migrants are entitled to in Council of Europe countries, as well as obstacles to access. This is done in the light of the Council of Europe's concern to promote human rights, maintain social cohesion and prevent racism and xenophobia, in counterbalance to the more restrictive approach to illegal migration adopted by the EU. Topics covered are rights in relation to housing, education, social security, health, social and welfare services, fair employment conditions and residence rights.

Are Human Rights for Migrants?

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Publisher : Routledge
ISBN 13 : 1136700080
Total Pages : 265 pages
Book Rating : 4.1/5 (367 download)

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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: 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.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509922962
Total Pages : 516 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union by : Madalina Moraru

Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

Human Rights of Irregular Migrants in the European Union

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Author :
Publisher :
ISBN 13 : 9783748925255
Total Pages : 0 pages
Book Rating : 4.9/5 (252 download)

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Book Synopsis Human Rights of Irregular Migrants in the European Union by : Annalisa Morticelli

Download or read book Human Rights of Irregular Migrants in the European Union written by Annalisa Morticelli and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Migrants with Irregular Status in Europe

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Author :
Publisher : Springer Nature
ISBN 13 : 3030343243
Total Pages : 222 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Migrants with Irregular Status in Europe by : Sarah Spencer

Download or read book Migrants with Irregular Status in Europe written by Sarah Spencer and published by Springer Nature. This book was released on 2020-05-20 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.

The European Union Returns Directive and its Compatibility with International Human Rights Law

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Publisher : BRILL
ISBN 13 : 9004360530
Total Pages : 848 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The European Union Returns Directive and its Compatibility with International Human Rights Law by : Izabella Majcher

Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Migration and EU Law and Policy

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Publisher : Oxford University Press
ISBN 13 : 019870853X
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Migration and EU Law and Policy by : Loïc Azoulai

Download or read book Migration and EU Law and Policy written by Loïc Azoulai and published by Oxford University Press. This book was released on 2014-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Informalisation of the EU's External Action in the Field of Migration and Asylum

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Author :
Publisher : Springer Nature
ISBN 13 : 9462654875
Total Pages : 346 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Informalisation of the EU's External Action in the Field of Migration and Asylum by : Eva Kassoti

Download or read book The Informalisation of the EU's External Action in the Field of Migration and Asylum written by Eva Kassoti and published by Springer Nature. This book was released on 2022-01-11 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.

Fundamental Rights of Migrants in an Irregular Situation in the European Union

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Author :
Publisher :
ISBN 13 : 9789291927067
Total Pages : 105 pages
Book Rating : 4.9/5 (27 download)

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Book Synopsis Fundamental Rights of Migrants in an Irregular Situation in the European Union by : European Union. European Union Agency for Fundamental Rights

Download or read book Fundamental Rights of Migrants in an Irregular Situation in the European Union written by European Union. European Union Agency for Fundamental Rights and published by . This book was released on 2011 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securing the fundamental rights of migrants in an irregular situation - those who do not fulfil conditions for entry, stay or residence in a EU Member State - remains a challenge. Such migrants are at high risk of exploitation in the labour market, often filling market gaps by working at dangerous, dirty or degrading jobs. Their housing situation can be precarious. Their right to healthcare is unevenly protected; their children's right to education remains unclear. While EU Member States have a right to control immigration, non-compliance with migration regulations cannot deprive migrants in an irregular situation of certain basic rights to which they are entitled as human beings. This FRA report examines the legal and practical challenges facing EU Member States as they strive to guarantee such migrants' fundamental rights and proposes ways to incorporate those rights into the policies, laws and administrative practices that affect migrants in irregular situations.

Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3668166714
Total Pages : 18 pages
Book Rating : 4.6/5 (681 download)

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Book Synopsis Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights by : Arne Millahn

Download or read book Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights written by Arne Millahn and published by GRIN Verlag. This book was released on 2016-03-07 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: 2, University of Twente , course: European Union Law, language: English, abstract: Third-Country Nationals (TNCs) have a distinct legal standpoint in the Treaties as part of the Area of Freedom, Security and Justice (AFSJ). Within the more general context of the often mentioned conflict between Freedom and Justice, on the one hand, and Security, on the other, one can more specifically view the TNCs’ situation as being determined by the balance between the interest of the state to maintain public security and the rights of the individual. The sociological discourse has claimed that migration is perceived as a threat to national sovereignty, a perception that should predominantly shape the “management of migration flows”. This policy has been termed a ‘securitization’ of migration. Both on the EU level and on the MS level the policy paradigm has resulted in the criminalization of irregular migration, which has been conceptualized as ‘crimmigation’ in the literature. On the EU level this has taken the form of efforts to deport migrants from the Union’s territory. This paper will focus on Directive 2008/115/EC (the Returns Directive). Besides the developments at EU level, the MSs have retained and excluded the Union’s competences from measures concerning national security. According to Article 72 TFEU, the EU may not impose measures on MSs within the AFSJ that affect “the maintenance of law and order and the safeguarding of internal security”. On this basis, several MSs have enacted additional legislation that imposes criminal sanctions on irregular migrants. This has led to conflicts before the ECJ about their compatibility with EU law. The two countries in this regard were France and Italy. The criminalization of migration in these countries is therefore of special interest to this paper. The irregular TNC thus faces a migration regime that is largely determined on the MS level but coordinated to a certain extent at the EU level. First of all this has implications for the extent of his criminalization. Within the overlap of EU and national competence in this field, to what extent can MSs impose additional sanctions on irregular migrants? Secondly this concerns the scope of Fundamental Rights. To what extent are MSs allowed to intrude on the personal liberty of the TCN in the control of migration?

Irregular Migrant Domestic Workers in Europe

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Author :
Publisher : Routledge
ISBN 13 : 1317112830
Total Pages : 220 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Irregular Migrant Domestic Workers in Europe by : Anna Triandafyllidou

Download or read book Irregular Migrant Domestic Workers in Europe written by Anna Triandafyllidou and published by Routledge. This book was released on 2016-05-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: With specific attention to irregular migrant workers - that is to say, those without legal permits to stay in the countries in which they work - this volume focuses on domestic work, presenting studies from ten European countries, including Belgium, France, Germany, Greece, Ireland, Italy, the Netherlands, and Spain. Offering a comparative analysis of irregular migrants engaged in all kinds of domestic work, the authors explore questions relating to employment conditions, health issues and the family lives of migrants. The book examines the living and working conditions of irregular migrant domestic workers, their relations with employers, their access to basic rights such as sick leave, sick pay, and holiday pay, as well as access to health services. Close consideration is also given to the challenges for family life presented by workers' status as irregular migrants, with regard to their lives both in their countries of origin and with their employers. Through analyses of the often blurred distinction between legality and illegality, the notion of a ’career’ in domestic work and the policy responses of European nations to the growth of irregular migrant domestic work, this volume offers various conceptual developments in the study of migration and domestic work. As such, it will appeal to sociologists, political scientists, geographers and anthropologists with interests in migration, gender, the family and domestic work.