Fundamental Rights Of Migrants In An Irregular Situation In The European Union

Author : European Union. European Union Agency for Fundamental Rights
Publisher : Unknown
Page : 105 pages
File Size : 49,7 Mb
Release : 2011
Category : Electronic books
ISBN : 9291927066

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Fundamental Rights of Migrants in an Irregular Situation in the European Union by European Union. European Union Agency for Fundamental Rights Pdf

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.

Author : Alina Alexe
Publisher : GRIN Verlag
Page : 61 pages
File Size : 53,7 Mb
Release : 2017-03-24
Category : Law
ISBN : 9783668420670

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The fundamental rights of irregular migrants in the European Union by Alina Alexe Pdf

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.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 144 pages
File Size : 52,8 Mb
Release : 2014
Category : Business & Economics
ISBN : MINN:31951D03792189G

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

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.

Author : Marie-Benedicte Dembour,Tobias Kelly
Publisher : Routledge
Page : 265 pages
File Size : 40,8 Mb
Release : 2011-05-27
Category : Business & Economics
ISBN : 9781136700088

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Are Human Rights for Migrants? by Marie-Benedicte Dembour,Tobias Kelly Pdf

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.

Author : Barbara Bogusz
Publisher : Martinus Nijhoff Publishers
Page : 486 pages
File Size : 48,5 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9789004140110

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Irregular Migration And Human Rights by Barbara Bogusz Pdf

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.

Author : Izabella Majcher
Publisher : BRILL
Page : 848 pages
File Size : 43,7 Mb
Release : 2019-11-26
Category : Law
ISBN : 9789004360532

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

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 : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:1232995503

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Fundamental Rights of Migrants in an Irregular Situation in the European Union by Anonim Pdf

Author : Sergio Carrera,Marco Stefan
Publisher : Routledge
Page : 257 pages
File Size : 40,6 Mb
Release : 2020-02-25
Category : Law
ISBN : 9780429515286

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Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union by Sergio Carrera,Marco Stefan Pdf

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.

Author : Annalisa Morticelli
Publisher : Unknown
Page : 359 pages
File Size : 45,8 Mb
Release : 2021-06-11
Category : Emigration and immigration law
ISBN : 3848781077

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Human Rights of Irregular Migrants in the European Union by Annalisa Morticelli Pdf

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.

Author : Ryszard Ignacy Cholewinski
Publisher : Council of Europe
Page : 88 pages
File Size : 46,7 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 9287158797

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

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.

Author : Anonim
Publisher : Oxford University Press
Page : 289 pages
File Size : 45,5 Mb
Release : 2021-02-25
Category : Law
ISBN : 9780192648273

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Migration and the European Convention on Human Rights by Anonim Pdf

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 : Sarah Spencer,Anna Triandafyllidou
Publisher : Springer Nature
Page : 222 pages
File Size : 48,9 Mb
Release : 2020-05-20
Category : Social Science
ISBN : 9783030343248

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Migrants with Irregular Status in Europe by Sarah Spencer,Anna Triandafyllidou Pdf

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.

Author : Eva Kassoti,Narin Idriz
Publisher : Springer Nature
Page : 346 pages
File Size : 46,6 Mb
Release : 2022-01-11
Category : Law
ISBN : 9789462654877

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The Informalisation of the EU's External Action in the Field of Migration and Asylum by Eva Kassoti,Narin Idriz Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 64 pages
File Size : 40,5 Mb
Release : 2011
Category : European Union countries
ISBN : 9291926868

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Migrants in an Irregular Situation Employed in Domestic Work by Anonim Pdf

Author : Valsamis Mitsilegas,Violeta Moreno-Lax,Niovi Vavoula
Publisher : BRILL
Page : 350 pages
File Size : 42,8 Mb
Release : 2020-04-20
Category : Law
ISBN : 9789004396814

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Securitising Asylum Flows by Valsamis Mitsilegas,Violeta Moreno-Lax,Niovi Vavoula Pdf

In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.