Aliens Before the European Court of Human Rights


Book Description

"This volume conducts an in-depth analysis of the ECtHR's case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens' rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens." --




Human Rights of Aliens in Europe


Book Description

This book is a record of the proceedings of a colloquy on 'Human Rights of Aliens in Europe'. The Colloquy was organised by the Secretariat General of the Council of Europe, and held in Madiera, Portugal from the 17 to 19 October 1983. The three themes of the Colloquy were: the admission of aliens into the territory of the host country and their residence there, participation of aliens in public affairs (political and associative life) and the fact that aliens belong to various cultures and the tension which this creates. Separate sessions were devoted to each theme. On the admission of aliens to the territory of the host country and his residence there, it was proposed by one participant that only 'real' as opposed to 'fictitious' families should be considered as eligible to the special consideration of family reunification in the refugee admission procedure of states. It was pointed out, however, that it is far from easy to come to a clear definition of the 'family'. Discussion also touched on the right of aliens to have the assistance of an interpreter for legal civil, criminal and administrative proceedings, the relation of asylum and extradition, and what measures could be taken within the Council of Europe to promote better compliance on the part of states to European Conventions. On the participation of aliens in public affairs, there was discussion on the right of aliens, especially of migrant workers, to vote at the local level and the question of participation in home elections while abroad. Discussion on the third theme centered upon whether government immigration policy and the treatment of resident aliens should be based on a concept of aliens as being a threat to the European society or whether the contact between peoples brought about by immigration could result in mutually beneficial changes.




Human Rights of Aliens in Europe


Book Description




When Humans Become Migrants


Book Description

The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.




The Rights of Non-citizens


Book Description

International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies




The Human Rights of Aliens in Contemporary International Law


Book Description

Parts of this volume were originally delivered as the Melland Schill lectures at the University of Manchester, Nov. 19-20, 1981.




Alien Policy in Belgium, 1840-1940


Book Description

Belgium has a unique place in the history of migration in that it was the first among industrialized nations in Continental Europe to develop into an immigrant society. In the nineteenth century Italians, Jews, Poles, Czechs, and North Africans settled in Belgium to work in industry and commerce. They were followed by Russians in the 1920s and Germans in the 1930s who were seeking a safe haven from persecution by totalitarian regimes. In the nineteenth century immigrants were to a larger extent integrated into Belgian society: they were denied political rights but participated on equal terms with Belgians in social life. This changed radically in the twentieth century; by 1940 the rights of aliens were severely curtailed, while those of Belgian citizens, in particular in the social domain, were extended. While the state evolved into a "welfare state" for its citizens it became more of a police state for immigrants. The state only tolerated immigrants who were prepared to carry out those jobs that were shunned by the Belgians. Under the pressure of public opinion, an exception was made in the cases of thousands of Jewish refugees that had fled from Nazi Germany. However, other immigrants were subjected to harsh regulations and in fact became the outcasts of twentieth-century Belgian liberal society. This remarkable study examines in depth and over a long time span how (anti-) alien policies were transformed, resulting in an illiberal exclusion of foreigners at the same time as democratization and the welfare state expanded. In this respect Belgium is certainly not unique but offers an interesting case study of developments that are characteristic for Europe as a whole.




The European Court of Human Rights


Book Description

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.




Limits of Citizenship


Book Description

3. Explaining incorporation regimes