Overview

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.

Full Product Details

9780198880820

Table of Contents

Reviews

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 *

Author Information

Ba,sak Çal)i is Professor of International Law at the Hertie School in Berlin and Co-Director of the School's Centre for Fundamental Rights. She is an expert in international law and institutions, and international human rights law and policy. She has authored publications on theories of international law, the relationship between international law and domestic law, standards of review in international law, interpretation of human rights law, legitimacy of human rights courts, and implementation of human rights judgments. Çal)i is the Chair of European Implementation Network and a Fellow of the Human Rights Centre of the University of Essex. She has acted as a Council of Europe expert on the European Convention on Human Rights since 2002. She has extensive experience in training members of the judiciary and lawyers across Europe in the field of human rights law. She received her PhD in International Law from the University of Essex in 2003. Ledi Bianku is an Associate Professor at the University of Strasbourg where he teaches EU Fundamental Rights, ECHR law, Refugee Law, and European Health Law. He is an Associate tenant with Doughty Streets Chamber in London. He served as judge of the European Court of Human Rights 2008-2019 and as member of the Venice Commission for Democracy through Law. He taught Public International Law, EU law, and Human Rights law at the University of Tirana Law Faculty and at the Magistrates School in Albania, and as visiting professor in several European Universities. Iulia Motoc is a Judge at the European court on Human Rights and Professor at the University of Bucharest. She has taught at several universities in Europe, Africa, Latin America, and United States. She was a Special Guest Professor at the EUI University in Florence and a Senior Fellow at NYU and Yale School of Law. Motoc was also a Member and President of the UN Sub-Commission on Human Rights (2000-2007), UN Special Rapporteur of the Democratic Republic of Congo (2001-2004), Member and Vice-President of the UN Human Rights Committee (2006-2013), and Judge of the Constitutional Court of Romania (2010-2014).

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available