Migration and the European Convention on Human Rights / edited by Basak Cali, Ledi Bianku, Iulia Motoc.

Format:

Book

Contributor:

Cali, Başak, 1974-

Bianku, Ledi

Motoc, Iulia.

Series:

European Society of International Law series.

European Society of International Law series

Language:

English

Subjects (All):

Refugees--Legal status, laws, etc--European Union countries.

Refugees.

Emigration and immigration law--European Union countries.

Emigration and immigration law.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

European Union countries.

Physical Description:

1 online resource (288 pages).

Edition:

First edition.

Place of Publication:

Oxford, England : Oxford University Press, [2021]

Summary:

This edited collection provides a comphrehensive analysis of how the European Convention on Human Rights protects the rights of migrants in different stages of migration, including asylum seekers, irregular migrants, and those who have migrated through domestic lawful routes.

Contents:

Part I. Situating migration in the European Convention on Human Rights. Migration and the European Convention on Human Rights / Başak Çalı, Ledi Bianku, and Iulia Motoc

The migrant case law of the European Court of Human Rights : critique and way forward / Marie-Bénédicte Dembour

Part II. Right to flee, right to seek asylum, and the right to humane and dignified treatment. Intersectionality, forced migration, and the jus-generation of the right to flee : theorising a composite entitlement to leave to escape irreversible harm / Violeta Moreno-Lax

The J.K. decalogue : a paradigm shift in dealing with asylum cases in Strasbourg? / Ledi Bianku

Challenges to the application of the concept of vulnerability and the principle of best interests of the child in the case-law of the ECtHR related to detention of migrant children / Ksenija Turković

"Handle with care" in Strasbourg : the effective access of vulnerable undocumented migrants to minimum social-economic rights / Francesca Ippolito and Carmen Pérez González

Part III. Rights of long-term migrants. The European Court of Human Rights and removal of long-term migrants : entrenched statism with a human voice? / Başak Çalı and Stewart Cunnigham

Cultural rights of migrants : living together in dignity? / Bianca Selejan-Gutan

Islamophobia and the ECtHR : a test-case for positive subsidiarity for the protection of Europe's long term migrants? / Eva Brems

Part IV. Stages of migration and the European Court of Human Rights. Stages of migration and the European Convention on Human Rights : a case list / Kristina Hatas.

Notes:

This book investigates where the European Convention on Human Rights (ECHR) as a living instrument stands on migration and rights of migrants. Individual chapters in the volume address how the tension between the textual silence of the Convention concerning migrant rights and the significant number of cases that the ECHR have addressed concerning migration and rights migrants are resolved or left to the discretion of European states. 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 Europe, what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state, not only to those who recently entered Europe, but also to those who have been living in Europe for a longer time. As such, the book evaluates the case law of the ECHR 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.

This edition also issued in print: 2021.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-264827-6

0-19-191595-5

0-19-264826-8

OCLC:

1247122726