Migration And The European Convention On Human Rights

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Migration and the European Convention on Human Rights

Anonim
Migration and the European Convention on Human Rights Book PDF

Author : Anonim
Publisher : Oxford University Press
Page : 289 pages
File Size : 48,5 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.

Are Human Rights for Migrants?

Marie-Benedicte Dembour,Tobias Kelly
Are Human Rights for Migrants Book PDF

Author : Marie-Benedicte Dembour,Tobias Kelly
Publisher : Routledge
Page : 265 pages
File Size : 47,9 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.

The Human Rights of Migrants in European Law

Cathryn Costello
The Human Rights of Migrants in European Law Book PDF

Author : Cathryn Costello
Publisher : Oxford University Press
Page : 401 pages
File Size : 43,9 Mb
Release : 2016
Category : Law
ISBN : 9780199644742

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The Human Rights of Migrants in European Law by Cathryn Costello Pdf

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.

Human Rights and Immigration

Ruth Rubio-Marín
Human Rights and Immigration Book PDF

Author : Ruth Rubio-Marín
Publisher : Oxford University Press
Page : 336 pages
File Size : 40,8 Mb
Release : 2014
Category : Law
ISBN : 9780198701170

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Human Rights and Immigration by Ruth Rubio-Marín Pdf

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.

Migration and the Right to Health

Paola Pace
Migration and the Right to Health Book PDF

Author : Paola Pace
Publisher : UN
Page : 374 pages
File Size : 45,5 Mb
Release : 2007
Category : Health & Fitness
ISBN : STANFORD:36105133423009

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Migration and the Right to Health by Paola Pace Pdf

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.

Irregular Migration And Human Rights

Barbara Bogusz
Irregular Migration And Human Rights Book PDF

Author : Barbara Bogusz
Publisher : Martinus Nijhoff Publishers
Page : 486 pages
File Size : 51,9 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.

Aliens before the European Court of Human Rights

David Moya,Georgios Milios
Aliens before the European Court of Human Rights Book PDF

Author : David Moya,Georgios Milios
Publisher : BRILL
Page : 306 pages
File Size : 46,8 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004465695

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Aliens before the European Court of Human Rights by David Moya,Georgios Milios Pdf

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.

Asylum and the European Convention on Human Rights

Nuala Mole,Council of Europe
Asylum and the European Convention on Human Rights Book PDF

Author : Nuala Mole,Council of Europe
Publisher : Council of Europe
Page : 156 pages
File Size : 50,8 Mb
Release : 2007-01-01
Category : Law
ISBN : 9287162174

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Asylum and the European Convention on Human Rights by Nuala Mole,Council of Europe Pdf

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.

Asylum and the European Convention on Human Rights

Nuala Mole,Catherine Meredith,Council of Europe
Asylum and the European Convention on Human Rights Book PDF

Author : Nuala Mole,Catherine Meredith,Council of Europe
Publisher : Council of Europe
Page : 292 pages
File Size : 51,5 Mb
Release : 2010-01-01
Category : Business & Economics
ISBN : 9287168199

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Asylum and the European Convention on Human Rights by Nuala Mole,Catherine Meredith,Council of Europe Pdf

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.

The European Convention of Human Rights Regime

Dia Anagnostou
The European Convention of Human Rights Regime Book PDF

Author : Dia Anagnostou
Publisher : Taylor & Francis
Page : 241 pages
File Size : 43,8 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781000688689

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The European Convention of Human Rights Regime by Dia Anagnostou Pdf

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.

When Humans Become Migrants

Marie-Bénédicte Dembour
When Humans Become Migrants Book PDF

Author : Marie-Bénédicte Dembour
Publisher : Oxford University Press, USA
Page : 577 pages
File Size : 48,6 Mb
Release : 2015
Category : Law
ISBN : 9780199667840

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When Humans Become Migrants by Marie-Bénédicte Dembour Pdf

"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.

The right to leave a country

Council of Europe
The right to leave a country Book PDF

Author : Council of Europe
Publisher : Council of Europe
Page : 68 pages
File Size : 53,6 Mb
Release : 2013-10-01
Category : Political Science
ISBN : 8210379456XXX

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The right to leave a country by Council of Europe Pdf

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.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 47,6 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

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.

Migration and Human Rights

Ryszard Cholewinski,Paul de Guchteneire,Antoine Pecoud
Migration and Human Rights Book PDF

Author : Ryszard Cholewinski,Paul de Guchteneire,Antoine Pecoud
Publisher : Cambridge University Press
Page : 499 pages
File Size : 41,9 Mb
Release : 2009-11-26
Category : Political Science
ISBN : 9781139482097

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Migration and Human Rights by Ryszard Cholewinski,Paul de Guchteneire,Antoine Pecoud Pdf

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.

Lives saved. Rights protected.

Council of Europe
Lives saved Rights protected Book PDF

Author : Council of Europe
Publisher : Council of Europe
Page : 64 pages
File Size : 42,9 Mb
Release : 2019-07-29
Category : Political Science
ISBN : 8210379456XXX

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Lives saved. Rights protected. by Council of Europe Pdf

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.