ISBN : 9780192895196
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.
Part I. Migration and the European Convention on Human Rights
1 Basak Cali, Ledi Bianku, and Iulia Motoc: Migration and the European Convention on Human Rights
2 Marie-Benedicte Dembour: The Migrant Case Law of the European Court of Human Rights: Critique and Way Forward
Part II. Right to Flee, Right to Seek Asylum, and the Right to Humane and Dignified Treatment
3 Violeta Moreno-Lax: Theorising the (Intersectional) Right to Flee in the ECHR: A Composite Entitlement to Leave to Escape Irreversible Harm
4 Ledi Bianku: The JK Decalogue: A Paradigm Shift In Dealing With Asylum Cases In Strasbourg?
5 Ksenija Turkovic: 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 Francesca Ippolito and Carmen Perez Gonzalez: The Contribution of Strasbourg Case-Law to the Effective Access of Undocumented Migrants to Minimum Social-Economic Rights: Towards a More Dignified Position of Vulnerable Undocumented Migrants in the European Space
Part III. Rights of Long-Term Migrants
7 Basak Cali and Stewart Cunnigham: The European Court of Human Rights and Removal of Long-Term Migrants: Entrenched Statism with a Human Voice?
8 Bianca Selejan-Gutan: Cultural Rights of Migrants: Living Together in Dignity?
9 Eva Brems: Islamophobia and the ECtHR: A Test-Case for Positive Subsidiarity for the protection of Europe's long term migrants?
Part IV. Stages of Migration and the European Court of Human Rights
10 Kristina Hatas: Stages of Migration and the European Court of Human Rights: A Case List