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Vol 21 No 10 Oct/Nov 2016

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Reception of Asylum Seekers Under International Law: Between Sovereignty and Equality


ISBN13: 9781509909254
Published: June 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £29.99
Hardback edition , ISBN13 9781849464826



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Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, e.g. 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 into these minimum standards 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 socio-economic sphere.

It takes into account both the special characteristics of international legal obligations for states in the socio-economic 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.

Subjects:
Public International Law, Immigration, Asylum, Refugee and Nationality Law
Contents:
Table of Contents
Acknowledgements
Table of Cases
1. Introduction

Part I: Reception of Asylum Seekers in the European Union
2. EU Directives on Reception Conditions for Asylum Seekers

Part II: Equality of Treatment?
3. Introduction to Part II
4. Equal Treatment under the Refugee Convention
5. International Social Security (Co-ordination) Law
6. Non-discrimination under International Human Rights Law
7. Conclusions to Part II

Part III: Full Sovereignty?
8. Introduction to Part III
9. Substantive Rights under the Refugee Convention
10. Justifications under the International Covenant on Economic, Social and Cultural Rights
11. Positive Obligations under the European Convention on Human Rights
12. Article 18 of the European Social Charter (Revised)
13. Conclusions to Part III
14. Conclusions

Bibliography
Index