Download or read book Asylum Detention Under the European Convention on Human Rights written by Juan Ruiz Ramos and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The detention of migrants who have not committed a crime is one of the most disturbing contemporary practices from the point of view of human rights (Costello 2015). Administrative detention of asylum-seekers poses an additional problem: it causes an independent deterioration of the mental health of people who are (potentially) already highly traumatised (Filges et al. 2015). The intention of this book is to systematise in a comprehensive manner the obligations that States owe to detained asylum-seekers under the European Convention on Human Rights (ECHR). This objective is pursued through an analysis of the judgments of the European Court of Human Rights (ECtHR) regarding Article 5 (right to liberty and related rights, such as the right to a judicial review of the detention) and Article 3 ECHR (conditions of detention) in cases in which the applicant was an asylum-seeker. This case law review is placed within the broader context of the human rights guarantees offered by the Refugee Convention and the International Covenant on Civil and Political Rights (ICCPR). The book also seeks to identify whether the tighter migration control policies pushed for by European Union Member States after 2015 impacted the Court’s case law on asylum detention. With this twofold approach, it hopes to serve as a guide for strategic litigation before national courts and the ECtHR, as well as to contribute to the academic debate on how the European Court could raise its standards of protection in migration-related cases.
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.
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 2000-01-01 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 3rd edition, the author draws extensively on the recent case-law of the Strasbourg organs to present a wide-ranging account of the protection afforded to refugees under the European Convention on Human Rights.
Download or read book Detention of Asylum Seekers in Europe written by Jane Hughes and published by Martinus Nijhoff Publishers. This book was released on 1998-02-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.
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.
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
Download or read book The Detention of Asylum seekers Under the European Convention on Human Rights and the International Covenant on Civil and Political Rights written by Desmond James Hogan and published by . This book was released on 1997 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Download or read book Non Refoulement under the European Convention on Human Rights and the UN Convention against Torture written by Fanny De Weck and published by BRILL. This book was released on 2016-09-27 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.
Download or read book The Treatment of Immigrants in the European Court of Human Rights written by Amanda Spalding and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.
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.
Download or read book When Humans Become Migrants written by Marie-Bénédicte Dembour and published by OUP Oxford. This book was released on 2015-03-26 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and 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 first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.
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.
Download or read book Immigration Detention and Human Rights written by Galina Cornelisse and published by BRILL. This book was released on 2010-03-08 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices of immigration detention are largely resistant to conventional forms of legal correction because contemporary liberal democracies justify these practices with an appeal to their territorial sovereignty, a concept that thwarts the very communicability of individual interests in modern constitutionalism. However, this book argues that human rights in the specific context of immigration detention can function as “destabilisation rights”, subjecting to full legal scrutiny those claims that the national state presents as predominantly based on its territorial sovereignty. The resulting destabilisation of territorial sovereignty in both domestic and international constitutionalism will have ramifications for a number of instruments of migration control, the perceived necessity and legitimacy of which is almost exclusively based on the self-referential notion of territorial sovereignty.
Download or read book Seeking Convergence A Comparative Analysis of the Jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on Seeking Asylum written by Maja Lysienia and published by sui generis Verlag. This book was released on 2022-04-30 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Position of Aliens in Relation to the European Convention on Human Rights written by Hélène Lambert and published by Council of Europe. This book was released on 2001-01-01 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the standards of treatment afforded to aliens under the European Convention on Human Rights and examines the concept of alienage under specific provisions of the Convention as well as in Strasbourg's case-law.
