Migration and the European Convention on Human Rights

The edited collection explores the status of the European Convention on Human Rights as a living instrument in relation to migration and the rights of migrants. It assesses the case law of the Convention concerning various categories of migrants, including asylum seekers, irregular migrants, and those who have migrated through lawful routes. The book aims to provide a systematic analysis of how the Convention protects non-refoulement, migrant children, family rights, status rights, economic and social rights, cultural and religious rights, and evaluates the extent to which it remains relevant and effective in addressing the challenges faced by migrants in Europe.

Format: Paperback / softback
Length: 288 pages
Publication date: 26 May 2023
Publisher: Oxford University Press

This edited collection delves into the evolving status of the European Convention on Human Rights (ECHR) as a dynamic instrument in addressing migration and the rights of migrants. It provides a comprehensive analysis of cases brought by migrants at various stages of their journey, encompassing the right to flee, eligibility for entry and residence in Europe, and the treatment they receive when within the jurisdiction of a Council of Europe member state. By examining the case law of the ECHR concerning diverse categories of migrants, including asylum seekers, irregular migrants, those who have migrated through lawful routes, and those who are part of the second or third generation in Europe, the book evaluates the extent to which the Convention safeguards fundamental rights such as non-refoulement, the well-being of migrant children, family rights, status rights, economic and social rights, as well as cultural and religious freedoms.

The broad perspective adopted in this book enables a systematic exploration of how and to what extent the ECHR protects these rights. It sheds light on the challenges and complexities faced by migrants, highlighting the need for robust legal frameworks and policies to ensure their protection and integration into society. The contributions from esteemed scholars and practitioners offer valuable insights into the evolving dynamics of migration and the ECHR's role in shaping the legal landscape.

This edited collection serves as a valuable resource for scholars, policymakers, and practitioners engaged in the study of migration and human rights. It provides a comprehensive examination of the ECHR's application in the context of migration, offering valuable insights into the challenges and opportunities faced by migrants and the broader society. By promoting a deeper understanding of the ECHR's role in protecting the rights of migrants, this book contributes to the ongoing dialogue and efforts to create a more inclusive and just society for all.

Weight: 434g
Dimension: 151 x 233 x 19 (mm)
ISBN-13: 9780198880820