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Author: Jane Hughes
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105462
Category : Law
Languages : en
Pages : 352
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Book Description
This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.
Author: Jane Hughes
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105462
Category : Law
Languages : en
Pages : 352
Get Book
Book Description
This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.
Author: Izabella Majcher
Publisher: Springer Nature
ISBN: 303033869X
Category : Social Science
Languages : en
Pages : 489
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Book Description
This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.
Author:
Publisher:
ISBN: 9789211007077
Category : Asylum, Right of
Languages : en
Pages : 231
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Book Description
Author: Izabella Majcher
Publisher: BRILL
ISBN: 9004360530
Category : Law
Languages : en
Pages : 848
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Book Description
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
Author: Galina Cornelisse
Publisher: BRILL
ISBN: 9047444337
Category : Law
Languages : en
Pages : 402
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Book Description
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
Author: Amy Nethery
Publisher: Routledge
ISBN: 1317613910
Category : Political Science
Languages : en
Pages : 168
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Book Description
Before the turn of the century, few states used immigration detention. Today, nearly every state around the world has adopted immigration detention policy in some form. States practice detention as a means to address both the accelerating numbers of people crossing their borders, and the populations residing in their states without authorisation. This edited volume examines the contemporary diffusion of immigration detention policy throughout the world and the impact of this expansion on the prospects of protection for people seeking asylum. It includes contributions by immigration detention experts working in Australasia, the Americas, Europe, Africa and the Middle East. It is the first to set out a systematic comparison of immigration detention policy across these regions and to examine how immigration detention has become a ubiquitous part of border and immigration control strategies globally. In so doing, the volume presents a global perspective on the diversity of immigration detention policies and practices, how these circumstances developed, and the human impact of states exchanging individuals’ rights to liberty for the collective assurance of border and immigration control. This text will be of key interest to scholars, students and practitioners of immigration, migration, public administration, comparative policy studies, comparative politics and international political economy.
Author: Bill Frelick
Publisher: Human Rights Watch
ISBN: 1564324117
Category : Law
Languages : en
Pages : 127
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Book Description
This report is about obstacles placed at the Greek entrance to the EU that prevent Iraqis and other asylum seekers and migrants from entering the European Union or that summarily expel them when they do. It includes testimonies from Iraqis and other asylum seekers and migrants on both sides of the Greek-Turkish border about pushbacks and summary expulsions from Greece, inhuman and degrading conditions of detention in Greece, Greek police and coast guard brutality and harassment, and the blocking of access to asylum in Greece as well as the denial of asylum and other forms of protection to those needing it. This report is also about abusive treatment of migrants by Turkish border authorities in the border region with Greece, including inhuman and degrading conditions of detention in direct violation of Turkey's obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
Author: Nuala Mole
Publisher: Council of Europe
ISBN: 9789287168191
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats – both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers. --back cover.
Author: European Law Institute
Publisher:
ISBN: 9783950345889
Category :
Languages : en
Pages :
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Book Description
Author: Michela Ceccorulli
Publisher: Routledge
ISBN: 1317750071
Category : Political Science
Languages : en
Pages : 250
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Book Description
Migration is now regarded as a security issue, both in public debate and government policies. In turn, the phenomenon of detention as a governance practice has emerged, and the developing presence of camps in Europe for migrants has given rise to a tangle of new and complex issues. This book examines the phenomenon of irregular immigration, and provides a comprehensive picture of the practices and the implications of detention of migrants within and the European Union. It analyses ‘detention’ as a tool of governance and in doing so explores several key themes: the security threat for Europe the security governance processes enacted to handle irregular immigration the forms of detention in different geographical contexts the effectiveness of the EU’s approach to the issue. The EU, Migration and the Politics of Administrative Detention will be of interest to students and scholars of the EU’s external relations, migration, human rights, European politics and security studies.
