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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Author :
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.

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.

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 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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Author :
Publisher : Routledge
ISBN 13 : 1136700072
Total Pages : 285 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 2011-06-01 with total page 285 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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Author :
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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Author :
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

What Happened to Equality?

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Publisher : BRILL
ISBN 13 : 9004345280
Total Pages : 457 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis What Happened to Equality? by : Bjarney Friðriksdóttir

Download or read book What Happened to Equality? written by Bjarney Friðriksdóttir and published by BRILL. This book was released on 2017-08-07 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management.

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.

REGINE - Regularisations in Europe

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Publisher : Amsterdam University Press
ISBN 13 : 9085550084
Total Pages : 576 pages
Book Rating : 4.0/5 (855 download)

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Book Synopsis REGINE - Regularisations in Europe by : Martin Baldwin-Edwards

Download or read book REGINE - Regularisations in Europe written by Martin Baldwin-Edwards and published by Amsterdam University Press. This book was released on 2009 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: REGINE is a research project on regularisation practices in the European Union. The aim of the project is to provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. Two additional non-EU countries - Switzerland and the US - will also be covered to gain insights in regularisation practices and the impact of regularisations elsewhere. In examining regularisation practices, the project also investigates the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. Moreover, the project examines the political position of different stakeholders towards regularisation policies on the national level. Finally, the project examines potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders' views on possible instruments on the European level.

Migration and Health in the European Union

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Author :
Publisher : McGraw-Hill Education (UK)
ISBN 13 : 0335245684
Total Pages : 282 pages
Book Rating : 4.3/5 (352 download)

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Book Synopsis Migration and Health in the European Union by : Bernd Rechel

Download or read book Migration and Health in the European Union written by Bernd Rechel and published by McGraw-Hill Education (UK). This book was released on 2011-12-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book can be read by anyone with an interest in migration and health, whether as an advocate for migrants´ health, as a student in a health profession, researcher or policy maker. It provides an ample orientation to the field in the European context. Among other important raised issues, it underlines an all too often neglected fact; health is a human right. By involving broad issues and problem areas from a variety of perspectives, the volume illustrates that migration and health is a field that can not be allocated to a single discipline." Carin Björngren Cuadra, Senior Lecturer, Malmö University, Sweden Migrants make up a growing share of European populations. However, all too often their situation is compounded by problems with accessing health and other basic services. There is a need for tailored health policies, but robust data on the health needs of migrants and how best these needs can be met are scarce. Written by a collaboration of authors from three key international organisations (the European Observatory on Health Systems and Policies, the EUPHA Section on Migrant and Ethnic Minority Health, and the International Organization for Migration), as well as leading researchers from across Europe, the book thoroughly explores the different aspects of migration and health in the EU and how they can be addressed by health systems. Structured into five easy-to-follow sections, the volume includes: Contributions from experts from across Europe Key topics such as: access to human rights and health care; health issues faced by migrants; and the national and European policy response so far Conclusions drawn from the latest available evidence Comprehensive information on different aspects of health and migration and how they can best be addressed by health systems is still not easy to find. This book addresses this shortfall and will be of major value to researchers, students, policy-makers and practitioners concerned with migration and health in an increasingly diverse Europe.