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Title:

Migration and the European Convention on Human Rights / edited by Basak Cali , Edited by Ledi Bianku , Edited by Iulia Motoc.

Edition:

First edition.

Publisher:

Oxford University Press

Copyright Date:

2021

Description:

viii, 265 pages ; 24 cm.

Subject:

Convention for the Protection of Human Rights and Fundamental Freedoms--(1950 November 5)
Convention for the Protection of Human Rights and Fundamental Freedoms.
Refugees--Legal status, laws, etc.--European Union countries.
Emigration and immigration law--European Union countries.
Emigration and immigration law.
Refugees--Legal status, laws, etc.
European Union countries.

Other Authors:

Cali, Basʹak, 1974- editor.
Bianku, Ledi, editor.
Motoc, Iulia 1967-, editor.

Notes:

Includes bibliographical references and index.

Contents:

Part I. Situating migration in the European Convention on Human Rights. Migration and the European Convention on Human Rights / Basʹak Cʹal♯ł, Ledi Bianku, and Iulia Motoc -- The migrant case law of the European Court of Human Rights : critique and way forward / Marie-Benedicte Dembour -- Part II. Right to flee, right to seek asylum, and the right to humane and dignified treatment. Intersectionality, forced migration, and the jus-generation of the right to flee : theorising a composite entitlement to leave to escape irreversible harm / Violeta Moreno-Lax -- The J.K. decalogue : a paradigm shift in dealing with asylum cases in Strasbourg? / Ledi Bianku -- 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 -- "Handle with care" in Strasbourg : the effective access of vulnerable undocumented migrants to minimum social-economic rights / Francesca Ippolito and Carmen Perez Gonzalez -- Part III. Rights of long-term migrants. The European Court of Human Rights and removal of long-term migrants : entrenched statism with a human voice? / Basʹak Cʹal♯ł and Stewart Cunnigham -- Cultural rights of migrants : living together in dignity? / Bianca Selejan-Gutan -- 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. Stages of migration and the European Convention on Human Rights : a case list / Kristina Hatas.

Summary:

This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. 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 in 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 Convention on 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 cultural and religious rights of migrants. -- Provided by publisher.

Series:

European Society of International Law series

ISBN:

9780192895196
0192895192

OCLC:

(OCoLC)1202443066

Locations:

OVUX522 -- University of Iowa Libraries (Iowa City)