The Fundamental Rights Of Irregular Migrants In The European Union
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The Fundamental Rights Of Irregular Migrants In The European Union
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Author : Alina Alexe
language : en
Publisher: GRIN Verlag
Release Date : 2017-03-24
The Fundamental Rights Of Irregular Migrants In The European Union written by Alina Alexe and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-24 with Law categories.
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.
Human Rights Of Irregular Migrants In The European Union
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Author : Annalisa Morticelli
language : en
Publisher:
Release Date : 2021-06-11
Human Rights Of Irregular Migrants In The European Union written by Annalisa Morticelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-11 with Emigration and immigration law categories.
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
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Author : United Nations. Office of the High Commissioner for Human Rights
language : en
Publisher:
Release Date : 2014
The Economic Social And Cultural Rights Of Migrants In An Irregular Situation written by United Nations. Office of the High Commissioner for Human Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Business & Economics categories.
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.
Human Rights Of Irregular Migrants In The European Union
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Author : Annalisa Morticelli
language : en
Publisher:
Release Date : 2021
Human Rights Of Irregular Migrants In The European Union written by Annalisa Morticelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with EU Law: Fundamental Rights categories.
Fundamental Rights Challenges In Border Controls And Expulsion Of Irregular Immigrants In The European Union
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Author : Sergio Carrera
language : en
Publisher: Routledge
Release Date : 2020-02-25
Fundamental Rights Challenges In Border Controls And Expulsion Of Irregular Immigrants In The European Union written by Sergio Carrera and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-25 with Law categories.
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.
Irregular Migration And Human Rights
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Author : Barbara Bogusz
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2004-01-01
Irregular Migration And Human Rights written by Barbara Bogusz and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Political Science categories.
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.
Are Human Rights For Migrants
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Author : Marie-Benedicte Dembour
language : en
Publisher: Routledge
Release Date : 2011-05-27
Are Human Rights For Migrants written by Marie-Benedicte Dembour and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-27 with Business & Economics categories.
Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due to the inherent characteristics of the concept of human rights? Third, should we look beyond human rights for an effective source of protection? Written is an accessible style, with a range of socio-legal and doctrinal approaches, the chapters focus on the situation of the irregular migrant in Europe and the United States. Throughout the book, nuanced theoretical debates are put in the context of concrete case studies. The critical reflections it offers on the limitations and possibilities of human rights protections for irregular migrants will be invaluable for students, scholars and practitioners.
The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26
The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
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
Study On Obstacles To Effective Access Of Irregular Migrants To Minimum Social Rights
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Author : Ryszard Ignacy Cholewinski
language : en
Publisher: Council of Europe
Release Date : 2005-01-01
Study On Obstacles To Effective Access Of Irregular Migrants To Minimum Social Rights written by Ryszard Ignacy Cholewinski and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Political Science categories.
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.
Migration And Eu Law And Policy
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Author : Loïc Azoulai
language : en
Publisher: Oxford University Press
Release Date : 2014-03
Migration And Eu Law And Policy written by Loïc Azoulai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Law categories.
This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.