Suchergebnisse

While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments

Introduction -- Expanding the rights to stay? -- Establishing responsibility? -- Reaffirming jurisdiction? -- From dilemmatic to strategic adjudication -- From strategic to consolidating litigation -- Migrant rights as existential commitments -- Demanding rights : some conclusions

While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

In many regions around the world, the governance of migration increasingly involves local authorities and actors. This edited volume introduces theoretical contributions that, departing from the 'local turn' in migration studies, highlight the distinct role that legal processes, debates, and instruments play in driving this development. Drawing on historical and contemporary case studies, it demonstrates how paying closer analytical attention to legal questions reveals the inherent tensions and contradictions of migration governance. By investigating socio-legal phenomena such as sanctuary jurisdictions, it further explores how the law structures ongoing processes of (re)scaling in this domain. Beyond offering conceptual and empirical discussions of local migration governance, this volume also directly confronts the pressing normative questions that follow from the growing involvement of local authorities and actors. This title is also available as Open Access on Cambridge Core