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The Reception of Asylum Seekers under International Law

The Reception of Asylum Seekers under International Law

Author: Between Sovereignty and Equality
Publisher: Hart Publishing
ISBN: 9781509909254

Published In: August 2016
Format: Paperback , 430 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849464826

List Price: AU$101.37

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Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards - Directive 2003/9/EC and Directive 2013/33/EU - in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.

Table of Contents

Acknowledgements

Table of Cases

Introduction

Part I: Reception of Asylum Seekers in the European Union

EU Directives on Reception Conditions for Asylum Seekers

Part II: Equality of Treatment?

Introduction to Part II

Equal Treatment under the Refugee Convention

International Social Security (Co-ordination) Law

Non-discrimination under International Human Rights Law

Conclusions to Part II