The Prohibition of Collective Expulsion : Protecting against Arbitrary Expulsion in Human Rights Treaty Law / by Lena Riemer.

Format:

Book

Author/Creator:

Riemer, Lena, author.

Series:

International refugee law series ; v. 24.

International Refugee Law Series ; Volume 24

Language:

English

Subjects (All):

Deportation.

Emigration and immigration law.

Human rights.

International law and human rights.

Treaties.

Physical Description:

1 online resource (xv, 255 pages)

Other Title:

Protecting against Arbitrary Expulsion in Human Rights Treaty Law

Place of Publication:

Leiden, Netherlands : Boston : Brill | Nijhoff, [2025]

Language Note:

English

Summary:

The Prohibition of Collective Expulsion: Protecting against Arbitrary Expulsion in Human Rights Treaty Law examines this fundamental safeguard as a cornerstone of migrants’ rights. Without effective procedural guarantees, other protections remain meaningless in the border context. In her book, Lena Riemer explores how the prohibition of collective expulsion ensures due process for migrants and asylum seekers across international and regional human rights systems, from the European and Inter-American Conventions to the African Charter and the Migrant Worker Convention. Through a holistic analysis of jurisprudence, the book highlights the principle’s critical role in preventing arbitrary expulsions.

Contents:

Front Cover

Half Title Page

Series Title Page

Title Page

Copyright Page

Dedication Page

Contents

Preface

Abbreviations

Chapter 1 Setting the Stage: The Prohibition of Collective Expulsion as Guarantor of Migrants' Rights

1 Balancing State Sovereignty and Migrants' Rights in International Law

2 Tracing the Historical Significance of the Prohibition of Collective Expulsion

3 The Application of the Prohibition of Collective Expulsion on a Global Level

4 The Distinction between Collective and Mass Expulsion: Unpacking the Terminology

5 The Aim and Roadmap of This Book

Chapter 2 Defining the Substance: Key Elements of the Prohibition of Collective Expulsion

1 The Definition of the Personal Scope of Protection of the Prohibition of Collective Expulsion

1.1 The European Convention on Human Rights

1.2 The African Charter on Human and Peoples's Rights

1.3 The Inter-American Convention on Human Rights

1.4 The Arab Charter on Human Rights and the Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms

1.5 The Migrant Worker Convention

1.6 The International Covenant on Civil and Political Rights

1.7 Conclusions on the Definition of the Personal Scope of Protection

2 The Definition of "Collective" in the Prohibition of Collective Expulsion

2.1 Determining Factors for the Collective Nature of an Expulsion

2.1.1 Identical Terms of Expulsion Orders

2.1.2 Size of the Group

2.1.3 Connective Element

2.1.3.1 Common Nationality

2.1.3.2 Common Ethnicity

2.1.3.3 Absence of Reasonable and Objective Examination of Individual Circumstances

2.1.3.4 Indicators for the Determination of the Absence of a Reasonable and Objective Examination

2.2 Conclusions on the Definition of "Collective".

3 The Definition of "Prohibition" in the Prohibition of Collective Expulsion

4 The Definition of "Expulsion" in the Prohibition of Collective Expulsion

4.1 The Coercive Element

5 Conclusions on the Material Elements of the Prohibition of Collective Expulsion

Chapter 3 Procedural Protections against Collective Expulsion

1 Minimum Procedural Protection Standards in Expulsion Procedures

2 Procedural Protection Standards in the Prohibition of Collective Expulsion

2.1 Article 4 Protocol 4 European Convention on Human Rights

2.1.1 Procedural Protections in the Drafting Process of Article 4 Protocol 4 ECHR

2.1.2 Procedural Protections in the Case Law on Article 4 Protocol 4 ECHR

2.1.2.1 Objective and Individual Assessment

2.1.2.2 Individual Interviews

2.1.2.3 Legal Assistance/Availability of Interpreters

2.1.2.4 The Right to an Effective Remedy/Suspension of Expulsion

2.1.3 Conclusions on Procedural Protections in Article 4 Protocol 4 ECHR

2.2 Article 19(1) EU Charter of Fundamental Rights

2.3 Article 22(9) Inter-American Convention on Human Rights

2.4 Article 12(5) African Charter on Human and Peoples' Rights

2.5 Article 13 International Covenant on Civil and Political Rights

2.6 Article 22(1) UN Migrant Worker Convention

2.7 Article 3 Convention against Torture

3 Conclusion on Procedural Protection Standards against Collective Expulsion

Chapter 4 The Prohibition in Global Context: The Role of the Principle in Human Rights Law

1 The Prohibition of Collective Expulsion as an Interrelated Individual Right: Balancing Individual and Group Dimensions

2 The Protection of Groups of Migrants in Public International Law

3 Non-refoulement and the Prohibition of Collective Expulsion: Intersecting Pillars of Protection in International Human Rights Law.

3.1 Intersecting Safeguards: The Prohibition of Collective Expulsion and Non-refoulement in Regional Human Rights Frameworks

3.2 Intersecting Safeguards: The Prohibition of Collective Expulsion and Non-refoulement in International Human Rights Frameworks

4 The Interconnectedness of the Prohibition of Collective Expulsion and Other Human Rights

4.1 The Relationship between the Prohibition of Collective Expulsion and the Prohibition to Expel Lawfully Resident Foreigners

4.2 The Relationship between the Prohibition of Collective Expulsion, Fair Trial, and Due Process Rights

4.3 The Relationship between the Prohibition of Collective Expulsion and the Prohibition of Discrimination

5 Conclusions on the Role of the Prohibition of Collective Expulsion within the Human Rights System

Chapter 5 Conclusion and Future Reflections

1 Conclusions and Core Findings

2 Future Reflections on Migration in Today's World

Bibliography

Cases

Index of Terms

Back Cover.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

9789004535077

OCLC:

1535977726

Publisher Number:

10.1163/9789004535077 DOI