Migration and the European Convention on Human Rights (European Society of International Law)

✍ Scribed by Başak Çalı (editor), Ledi Bianku (editor), Iulia Motoc (editor)

• Publisher: OUP Oxford
• Year: 2021
• Tongue: English
• Leaves: 289
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

cover
Series
Migration and the  European Convention on Human Rights
Copyright
Table of Contents
List of Contributors
Part 1
1. Migration and the European Convention on Human Rights
2. The Migrant Case Law of the European Court of Human Rights: Critique and Way Forward
Part 2
3. Intersectionality, Forced Migration, and the Jus-​generation of the Right to Flee: Theorising a Composite Entitlement to Leave to Escape Irreversible Harm
4. The J.K. Decalogue: A Paradigm Shift in Dealing with Asylum Cases in Strasbourg?
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
6. ‘Handle with Care’ in Strasbourg: The Effective Access of Vulnerable Undocumented Migrants to Minimum Socio-​economic Rights
Part 3
7. The European Court of Human Rights and Removal of Long-​term Migrants: Entrenched Statism with a Human Voice?
8. Cultural Rights of Migrants: Living Together in Dignity?
9. Islamophobia and the ECtHR: A Test Case for Positive Subsidiarity for the Protection of Europe’s Long-​term Migrants?
Part 4
10. Stages of Migration and the European Convention on Human Rights: A Case List
Index