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Demanding Rights: Europe's Supranational Courts and the Dilemma of Migrant Vulnerability


ISBN13: 9781108733885
Published: May 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99



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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 judgements 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.

Subjects:
Human Rights and Civil Liberties, Immigration, Asylum, Refugee and Nationality Law
Contents:
1. Introduction
Part I:
2. Expanding the Rights to Stay?
3. Establishing Responsibility
4. Reaffirming Jurisdiction
Part II:
5. From Dilemmatic to Strategic Adjudication
6. From Strategic to Consolidating Litigation
7. Migrant Rights as Existential Commitments
8. Demanding Rights: Some Conclusions

Series: Cambridge Asylum and Migration Studies

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Grasping Legal Time: Temporality and European Migration Law ISBN 9781108835732
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Grasping Legal Time: Temporality and European Migration Law (eBook) ISBN 9781108888820
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Protection from Refuge: From Refugee Rights to Migration Management (eBook) ISBN 9781009021883
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The Evolution of Humanitarian Protection in European Law and Practice ISBN 9781108483483
Published April 2021
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The Evolution of Humanitarian Protection in European Law and Practice (eBook) ISBN 9781108753432
Published April 2021
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Climate Change, Disasters, and the Refugee Convention ISBN 9781108747127
Published February 2020
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Refuge Lost: Asylum Law in an Interdependent World ISBN 9781108441414
Published February 2018
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£32.99
The Child in International Refugee Law ISBN 9781316627402
Published April 2017
Cambridge University Press
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The Child in International Refugee Law ISBN 9781107175365
Published April 2017
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£111.00
The Child in International Refugee Law (eBook) ISBN 9781316811832
Published April 2017
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£43.99
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