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Author: Marie-Benedicte Dembour
Publisher: Routledge
Published: 2011-05-27
Total Pages: 265
ISBN-13: 1136700080
DOWNLOAD EBOOK →Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.
Author: Reginald Thomas Appleyard
Publisher: International Org. for Migration
Published: 2001
Total Pages: 160
ISBN-13:
DOWNLOAD EBOOK →Includes statistics.
Author: Marie-Bénédicte Dembour
Publisher: Oxford University Press
Published: 2015
Total Pages: 577
ISBN-13: 0199667837
DOWNLOAD EBOOK →"The treatment of migrants is one of the most challenging issues that human rights jurisprudence faces today, as the controversies surrounding immigration often lead to practices that are at odds with the ethics of treating migrants as individuals worthy of human rights. This book examines the opposing ways in which the European Court of Human Rights and the Inter-American Court of Human Rights treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. the book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then - but only as a second step in its reasoning - as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants as human beings in the first instance. When Humans Become Migrants argues that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to migration. It shows how these trends formed at the courts, and assesses whether their approaches have changed over time. Ultimately it asks whether the divergence in the case law of the two courts is likely to continue, and what avenues exist in order to produce a more progressive case law at Strasbourg"--Unedited summary from book jacket.
Author: Elspeth Guild
Publisher: Routledge
Published: 2017-08-24
Total Pages: 159
ISBN-13: 1351382799
DOWNLOAD EBOOK →This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.
Author: Ryszard Cholewinski
Publisher: Cambridge University Press
Published: 2009-11-26
Total Pages: 499
ISBN-13: 1139482092
DOWNLOAD EBOOK →The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
Author: Cathryn Costello
Publisher: Oxford University Press
Published: 2016
Total Pages: 401
ISBN-13: 0199644748
DOWNLOAD EBOOK →A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Author: Samuel Martinez
Publisher: Univ of California Press
Published: 2009-11-15
Total Pages: 350
ISBN-13: 0520258215
DOWNLOAD EBOOK →A multidisciplinary group of scholars examines how the actions of the United States as a global leader are worsening pressures on people worldwide to migrate, while simultaneously degrading migrant rights. Uniting such diverse issues as market reform, drug policy, and terrorism under a common framework of human rights, the book constitutes a call for a new vision on immigration.
Author: Barbara Bogusz
Publisher: Martinus Nijhoff Publishers
Published: 2004-01-01
Total Pages: 486
ISBN-13: 9004140115
DOWNLOAD EBOOK →This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives.
Author: Rasika Ramburuth Jayasuriya
Publisher: Routledge
Published: 2021-06-22
Total Pages: 288
ISBN-13: 100041874X
DOWNLOAD EBOOK →This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Author: Rhoda E. Howard-Hassmann
Publisher: University of Pennsylvania Press
Published: 2015-07-16
Total Pages: 328
ISBN-13: 0812247175
DOWNLOAD EBOOK →The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.
