Detention of Asylum Seekers in Europe

Detention of Asylum Seekers in Europe PDF

Author: Jane Hughes

Publisher: Martinus Nijhoff Publishers

Published: 1998-02-17

Total Pages: 352

ISBN-13: 9789041105462

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This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.

Immigration Detention in the European Union

Immigration Detention in the European Union PDF

Author: Izabella Majcher

Publisher: Springer Nature

Published: 2020-03-04

Total Pages: 489

ISBN-13: 303033869X

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This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.

The Uncounted

The Uncounted PDF

Author: Access Info Europe

Publisher:

Published: 2015

Total Pages: 33

ISBN-13:

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"Based on a two-year investigation seeking basic details and statistics about immigration detention practices in 33 countries across Europe and North America, this joint report by the GDP and Access Info Europe reveals that in many countries it is impossible to obtain an accurate picture of the number of migrants and asylum seekers being held in detention. Information is frequently unavailable, many countries refuse to answer freedom of information requests, and when information is released or publicly available it is often incomplete or based on unclear measures that do not fully capture what is happening on the ground. The report concludes that in Europe in particular there is not sufficient transparency in detention regimes to be able to develop a coherent picture of the treatment of detainees or to make informed policy decisions, a fact that is all the more alarming given the large number refugees and asylum seekers currently being apprehended across the continent." -- Provided by publisher.

The European Union Returns Directive and its Compatibility with International Human Rights Law

The European Union Returns Directive and its Compatibility with International Human Rights Law PDF

Author: Izabella Majcher

Publisher: BRILL

Published: 2019-11-26

Total Pages: 848

ISBN-13: 9004360530

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The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France

Immigration Detention

Immigration Detention PDF

Author: Amy Nethery

Publisher: Routledge

Published: 2015-04-24

Total Pages: 182

ISBN-13: 1317613910

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Before the turn of the century, few states used immigration detention. Today, nearly every state around the world has adopted immigration detention policy in some form. States practice detention as a means to address both the accelerating numbers of people crossing their borders, and the populations residing in their states without authorisation. This edited volume examines the contemporary diffusion of immigration detention policy throughout the world and the impact of this expansion on the prospects of protection for people seeking asylum. It includes contributions by immigration detention experts working in Australasia, the Americas, Europe, Africa and the Middle East. It is the first to set out a systematic comparison of immigration detention policy across these regions and to examine how immigration detention has become a ubiquitous part of border and immigration control strategies globally. In so doing, the volume presents a global perspective on the diversity of immigration detention policies and practices, how these circumstances developed, and the human impact of states exchanging individuals’ rights to liberty for the collective assurance of border and immigration control. This text will be of key interest to scholars, students and practitioners of immigration, migration, public administration, comparative policy studies, comparative politics and international political economy.

Immigration Detention and Human Rights

Immigration Detention and Human Rights PDF

Author: Galina Cornelisse

Publisher: BRILL

Published: 2010-03-08

Total Pages: 402

ISBN-13: 9047444337

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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

The Criminalisation of Migration in Europe

The Criminalisation of Migration in Europe PDF

Author: Valsamis Mitsilegas

Publisher: Springer

Published: 2014-10-31

Total Pages: 117

ISBN-13: 331912658X

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This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

The Securitisation of Migration in the EU

The Securitisation of Migration in the EU PDF

Author: Gabriella Lazaridis

Publisher: Springer

Published: 2015-10-15

Total Pages: 256

ISBN-13: 1137480580

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Since 9/11 Western states have sought to integrate 'securitisation' measures within migration regimes as asylum seekers and other migrant categories come to be seen as agents of social instability or as potential terrorists. Treating migration as a security threat has therefore increased insecurity amongst migrant and ethnic minority populations.