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Migration and the European Convention on Human Rights

Basak Cali editor Iulia Motoc editor Ledi Bianku editor

Format:Paperback

Publisher:Oxford University Press

Published:26th May '23

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Migration and the European Convention on Human Rights cover

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 brings invaluable insights into the case-law of the European Court of Human Rights on migration. It takes a wide approach, examining not only questions pertaining to international protection, but also examining questions relating to security of residence, inclusion, equality and diversity. The contributors include many of the leading scholars in the field, and several members of the Court. This unique constellation of contributors and themes makes this an indispensable volume for any scholar or practitioner interested in this crucial fundamental rights topic. * Cathryn Costello, Professor of International Refugee and Migration Law, University of Oxford & Professor of Fundamental Rights, Hertie School, Berlin *
This book provides a valuable in-depth analysis of the deficiencies the European Court of Human Rights' jurisprudence on migrants' rights and explores possible solutions for further developments of the case-law. It assembles outstanding experts in the field of human rights law and general international law. As it embraces not only questions of flight and asylum, but also cultural rights and integration it provides a holistic view of the topic. * Angelika Nussberger, Director of the Academy of European Human Rights Protection and Chair of Constitutional Law, International Law and Comparative Law, University of Cologne and former judge and vice president of the European Court of Human Rights *
The book is extremely valuable, both for scholars and practitioners. It covers all the relevant aspects of migration, from the migrants' arrival to Europe to their life in the host countries. * Guido Raimondi, former President of the European Court of Human Rights *

ISBN: 9780198880820

Dimensions: 233mm x 149mm x 15mm

Weight: 412g

288 pages