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

Human Rights

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

By Moritz Baumgartel
Cambridge University Press May 2019

Specifications

ISBN-13
9781108733885
Publisher
Cambridge University Press
Publication
May 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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