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Demanding Rights: Europe's Supranational Courts and the Dilemma of Migrant Vulnerability

Demanding Rights: Europe's Supranational Courts and the Dilemma of Migrant Vulnerability

Demanding Rights: Europe's Supranational Courts and the Dilemma of Migrant Vulnerability

Author: Moritz Baumgartel
Publisher: Cambridge University Press
ISBN: 9781108733885
Published In: May 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 494.00

HKD 479.18 Save HKD 14.82 (3%)

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Description
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While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgements of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

1. Introduction

Part I:

2. Expanding the Rights to Stay?

3. Establishing Responsibility

4. Reaffirming Jurisdiction

Part II:

5. From Dilemmatic to Strategic Adjudication

6. From Strategic to Consolidating Litigation

7. Migrant Rights as Existential Commitments

8. Demanding Rights: Some Conclusions

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