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Irregular Migration And Human Rights

Author: Barbara Bogusz

Publisher: Martinus Nijhoff Publishers

Published: 2004-01-01

Total Pages: 486

ISBN-13: 9004140115

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.

The fundamental rights of irregular migrants in the European Union

Author: Alina Alexe

Publisher: GRIN Verlag

Published: 2017-03-24

Total Pages: 61

ISBN-13: 366842067X

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Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: merit, Queen Mary University of London (Law Department), course: LLM, language: English, abstract: This paper examines two fundamental social rights belonging to irregular migrants: the right to work and the right to healthcare. Even though there is a lack of specific legal provisions directly applicable to this social category, the general ones, such as the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Political Rights, also concern undocumented migrants. They are analyzed from general to particular taking into consideration broad terms such as “all”, ‘every”, “everyone”, which include the specific category of undocumented migrants. The existent case law, although characterized by scarcity because of the migrants’ fear of being deported when lodging claims in courts, emphasizes the fact that this social category also has rights and these rights are recognized and defended in national and European courts. The obstacles in accessing fundamental rights are also analyzed. The practical implications are taken into consideration. Ideas to improve the exercise of fundamental rights to work and healthcare by irregular migrants are suggested at the end of every chapter. Being human beings, they have the right to social protection regardless of their status.

Fundamental Rights of Migrants in an Irregular Situation in the European Union

Author: European Union. European Union Agency for Fundamental Rights

Publisher:

Published: 2011

Total Pages: 105

ISBN-13: 9789291927067

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Securing the fundamental rights of migrants in an irregular situation - those who do not fulfil conditions for entry, stay or residence in a EU Member State - remains a challenge. Such migrants are at high risk of exploitation in the labour market, often filling market gaps by working at dangerous, dirty or degrading jobs. Their housing situation can be precarious. Their right to healthcare is unevenly protected; their children's right to education remains unclear. While EU Member States have a right to control immigration, non-compliance with migration regulations cannot deprive migrants in an irregular situation of certain basic rights to which they are entitled as human beings. This FRA report examines the legal and practical challenges facing EU Member States as they strive to guarantee such migrants' fundamental rights and proposes ways to incorporate those rights into the policies, laws and administrative practices that affect migrants in irregular situations.

Fundamental Rights of Migrants in an Irregular Situation in the European Union

Author:

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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The Economic, Social and Cultural Rights of Migrants in an Irregular Situation

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher:

Published: 2014

Total Pages: 144

ISBN-13:

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This publication aims to fill a significant knowledge gap on the human rights of irregular migrants. It seeks to describe barriers faced by irregular migrants in the exercise of such fundamental rights as the right to health, to education, to an adequate standard of living, to social security, and to just and favourable conditions of work, as well as trends and national policies, highlighting where possible examples of promising practice from around the world. It also draws attention to the guidance provided by international human rights law as well as related legal frameworks such as international labour law, and provides key messages on a human rights-based response to irregular migration.

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Author: Sergio Carrera

Publisher: Routledge

Published: 2020-02-25

Total Pages: 257

ISBN-13: 0429515286

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This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Are Human Rights for Migrants?

Author: Marie-Benedicte Dembour

Publisher: Routledge

Published: 2011-05-27

Total Pages: 265

ISBN-13: 1136700080

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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.

Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights

Author: Ryszard Ignacy Cholewinski

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 88

ISBN-13: 9789287158796

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This publication examines the minimum level of social rights which illegal migrants are entitled to in Council of Europe countries, as well as obstacles to access. This is done in the light of the Council of Europe's concern to promote human rights, maintain social cohesion and prevent racism and xenophobia, in counterbalance to the more restrictive approach to illegal migration adopted by the EU. Topics covered are rights in relation to housing, education, social security, health, social and welfare services, fair employment conditions and residence rights.

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

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

Securitising Asylum Flows

Author: Valsamis Mitsilegas

Publisher: BRILL

Published: 2020-04-20

Total Pages: 350

ISBN-13: 9004396810

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In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.