Home >
Law >
Human Rights >
Migration and the European Convention on Human Rights

Migration and the European Convention on Human Rights

Author: Basak Cali; Ledi Bianku; Iulia Motoc
Publisher: Oxford University Press
ISBN: 9780192895196

Published In: February 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780198880820

List Price: HKD 1,397.50

HKD 1,355.58 Save HKD 41.92 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants.

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 European Court of Human Rights has addressed concerning migration, is 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, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Court of Human Rights 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 the cultural and religious rights of migrants.

Part I. Migration and the European Convention on Human Rights

1: Migration and the European Convention on Human Rights, Başak Çalı, Ledi Bianku, and Iulia Motoc

2: 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

3: Theorising the (Intersectional) Right to Flee in the ECHR: A Composite Entitlement to Leave to Escape Irreversible Harm, Violeta Moreno-Lax

4: The JK Decalogue: A Paradigm Shift In Dealing With Asylum Cases In Strasbourg?, Ledi Bianku

5: 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 Turkovic

6: The Contribution of Strasbourg Case-Law to the Effective Access of Undocumented Migrants to Minimum Social-Economic Rights: Towards a More Dignified Position of Vulnerable Undocumented Migrants in the European Space, Francesca Ippolito and Carmen Pérez González

Part III. Rights of Long-Term Migrants

7: The European Court of Human Rights and Removal of Long-Term Migrants: Entrenched Statism with a Human Voice?, Başak Çalı and Stewart Cunnigham

8: Cultural Rights of Migrants: Living Together in Dignity?, Bianca Selejan-Gutan

9: 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

10: Stages of Migration and the European Court of Human Rights: A Case List, Kristina Hatas