The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Author: Eman Hamdan

Publisher: BRILL

Published: 2016-05-23

Total Pages: 414

ISBN-13: 9004319395

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In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.

Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture
Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture

Author: Fanny De Weck

Publisher: BRILL

Published: 2016-09-27

Total Pages: 548

ISBN-13: 9004311491

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This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.

Frontex and Non-Refoulement
Frontex and Non-Refoulement

Author: Roberta Mungianu

Publisher: Cambridge University Press

Published: 2016-08-18

Total Pages: 275

ISBN-13: 1316790827

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Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

Temporary Protection in Law and Practice
Temporary Protection in Law and Practice

Author: Meltem Ineli-Ciger

Publisher: BRILL

Published: 2018-01-09

Total Pages: 297

ISBN-13: 9004327533

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Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.

The Readmission of Asylum Seekers under International Law
The Readmission of Asylum Seekers under International Law

Author: Mariagiulia Giuffré

Publisher: Bloomsbury Publishing

Published: 2020-02-20

Total Pages: 408

ISBN-13: 1509902503

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This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.

The European Union Returns Directive and its Compatibility with International Human Rights Law
The European Union Returns Directive and its Compatibility with International Human Rights Law

Author: Izabella Majcher

Publisher: BRILL

Published: 2019-11-26

Total Pages: 848

ISBN-13: 9004360530

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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

Research Handbook on Torture
Research Handbook on Torture

Author: Malcolm D. Evans

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 608

ISBN-13: 1788113969

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This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.

The European Union Returns Directive and Its Compatibility with International Human Rights Law
The European Union Returns Directive and Its Compatibility with International Human Rights Law

Author: Izabella Majcher

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9789004360525

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"The book assesses the EU Returns Directive against international human rights norms and standards. [The author] explores protection gaps in the EU return policy 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 draft amendments to the Directive, proposed by the European Commission in September 2018."--

The Universal Declaration of Human Rights
The Universal Declaration of Human Rights

Author: Humberto Cantu Rivera

Publisher: BRILL

Published: 2023-12-18

Total Pages: 837

ISBN-13: 9004365141

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The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.