"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." --
The law of the Council of Europe Convention on Human Rights relating to aliens has developed significantly over recent time. In 25 years the number of contracting States has doubled and the scope of rights and freedoms guaranteed under the convention has broadened with the adoption of new protocols. It is against this backdrop that The Position of Aliens in Relation to the European Convention on Human Rights is re-examined in a third edition.
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.
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
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.
The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.
