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Migration and the European Convention on Human Rights

Edited by: Basak Cali, Ledi Bianku, Iulia Motoc

ISBN13: 9780192895196
Published: February 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £96.00
Paperback edition , ISBN13 9780198880820



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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.

Subjects:
Human Rights and Civil Liberties
Contents:
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

Series: European Society of International Law

International Law and Universality ISBN 9780198899419
To be published April 2024
Oxford University Press
£110.00
Migration and the European Convention on Human Rights ISBN 9780198880820
Published May 2023
Oxford University Press
£29.99
Migration and the European Convention on Human Rights (eBook) ISBN 9780192648273
Published February 2021
Oxford University Press
£80.00
(ePub)
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How International Law Works in Times of Crisis ISBN 9780198849667
Published October 2019
Oxford University Press
£127.50
Select Proceedings of the European Society of International Law ISBN 9781849465328
Published January 2016
Hart Publishing
£90.00
Select Proceedings of the European Society of International Law (eBook) ISBN 9781782253440
Published January 2016
Hart Publishing
£81.00
(ePub)
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Select Proceedings of the European Society of International Law, Volume 3, 2010 ISBN 9781849462020
Published January 2012
Hart Publishing
£140.00
£126.00
(ePub)
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