Irregular Migration And Human Rights

Irregular Migration And Human Rights PDF

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.

The fundamental rights of irregular migrants in the European Union

The fundamental rights of irregular migrants in the European Union PDF

Author: Alina Alexe

Publisher: GRIN Verlag

Published: 2017-03-24

Total Pages: 61

ISBN-13: 366842067X

DOWNLOAD EBOOK →

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

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

Author: Sergio Carrera

Publisher: Routledge

Published: 2020-02-25

Total Pages: 257

ISBN-13: 0429515286

DOWNLOAD EBOOK →

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.

Human Rights of Irregular Migrants in the European Union

Human Rights of Irregular Migrants in the European Union PDF

Author: Annalisa Morticelli

Publisher:

Published: 2021-06-11

Total Pages: 359

ISBN-13: 9783848781072

DOWNLOAD EBOOK →

The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.

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

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

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

Publisher:

Published: 2014

Total Pages: 144

ISBN-13:

DOWNLOAD EBOOK →

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.

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

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

Author: Ryszard Ignacy Cholewinski

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 88

ISBN-13: 9789287158796

DOWNLOAD EBOOK →

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.

Are Human Rights for Migrants?

Are Human Rights for Migrants? PDF

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.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union PDF

Author: Madalina Moraru

Publisher: Bloomsbury Publishing

Published: 2020-08-06

Total Pages: 516

ISBN-13: 1509922962

DOWNLOAD EBOOK →

This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

Migrants with Irregular Status in Europe

Migrants with Irregular Status in Europe PDF

Author: Sarah Spencer

Publisher: Springer Nature

Published: 2020-05-20

Total Pages: 222

ISBN-13: 3030343243

DOWNLOAD EBOOK →

This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.