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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.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.
This collection investigates the current application and limitations of the European Convention on Human Rights as a living instrument regarding the protection of migrants. The editors, Başak Calı, Iulia Motoc, and Ledi Bianku, assemble expert legal analysis to examine how the European Court of Human Rights interprets the rights of individuals at various stages of the migration process. By evaluating extensive case law, the authors provide a framework for understanding the legal obligations of Council of Europe member states toward asylum seekers, irregular migrants, and established migrant populations.
What You Will Find
Legal scholars and practitioners view this volume as a critical resource for understanding the intersection of human rights law and migration policy. Experts frequently highlight the text for its systematic approach to complex case law, making it a foundational reference for those studying the evolving jurisdiction of the European Court of Human Rights.
Page Count:
288
Publication Date:
2023-01-01
Publisher:
Oxford University Press
ISBN-10:
0198880820
ISBN-13:
9780198880820
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