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E-raamat: Human Rights and Immigration [Oxford Scholarship Online e-raamatud]

Edited by (Professor of Constitutional and Public Comparative Law, European University Institute)
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Human Rights and ImmigrationSuurem pilt
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Raamatu kodulehekülg: http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198701170.001.0001/acprof-9780198701170
Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights.

This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.
List of Abbreviations
ix
Notes on Contributors xi
Table of Cases
xiii
Introduction: Human Rights and the Citizen/Non-citizen Distinction Revisited 1(18)
Ruth Rubio-Marin
I The Context
1(4)
II The Central Question: The Lexical Priority of Human Rights?
5(5)
III Beyond the Citizen/Non-citizen Divide: Modulating Concepts
10(9)
1 Are Refugee Rights Human Rights? An Unorthodox Questioning of the "Relations between Refugee Law and Human Rights Law
19(54)
Vincent Chetail
I Access to International Protection: Towards a Gradual Merger between Refugee Law and Human Rights Law?
23(16)
II The Content of International Protection: From Conditionality to Universality
39(11)
III The Implementation Scheme of Refugee Law and Human Rights Law: The Ultimate Test
50(18)
IV Conclusion
68(5)
2 Integration in Immigrant Europe: Human Rights at a Crossroads
73(33)
Ruth Rubio-Marin
I Introduction
73(3)
II Multiculturalism, Human Rights, and Immigrants' Cultural Identity
76(14)
III Immigrants' Equality of Rights under Human Rights Law
90(7)
IV Immigrant Integration and the Possibility of Complex Identities in Human Rights Law
97(4)
V Human Rights and Citizenship Virtues in Pluralistic Societies
101(2)
VI Conclusion
103(3)
3 Residence as De Facto Citizenship? Protection of Long-term Residence under Article 8 ECHR
106(39)
Daniel Thym
I Introduction
106(1)
II Doctrinal Foundations
107(23)
III Towards De Facto Citizenship?
130(13)
IV Conclusion
143(2)
4 Migration, Gender, and the Limits of Rights
145(32)
Siobhdn Mullally
I Human Trafficking: Rights, Vulnerabilities, and Reform
146(10)
II Gender Asylum Law: Providing Transformative Remedies?
156(10)
III Migrant Domestic Workers: The Significance of Place
166(8)
IV Concluding Remarks
174(3)
5 The Labour and Social Rights of Migrants in International Law
177(35)
Bernard Ryan
Virginia Mantouvalou
I Introduction
177(1)
II Pre-1945 Developments
178(3)
III Global Instruments on Migrants' Rights
181(7)
IV European Instruments on Migration
188(5)
V General Global Instruments
193(9)
VI Regional Human Rights Instruments
202(8)
VII Conclusion
210(2)
6 Human Rights and Immigration at Sea
212(49)
Tullio Scovazzi
I Introduction: The Asymmetrical Right to Emigrate
212(1)
II The International Law of the Sea
213(25)
III Human Rights Law and Refugee Law
238(21)
IV Conclusion
259(2)
7 The Asylum/Convention Refugee Process in the United States and Canada
261(17)
Michael J. Churgin
I Background
261(1)
II United States Adjudication
262(5)
III Canadian Adjudication
267(4)
IV The Role of the Supreme Court of Canada
271(2)
V Safe Third-country Agreement
273(3)
VI The Role of International Human Rights Bodies
276(1)
VII Conclusion
277(1)
8 Italy and Unauthorized Migration: Between State Sovereignty and Human Rights Obligations
278(33)
Alessia Di Pascale
I Introduction
278(2)
II The Enjoyment of Human Rights by Undocumented Migrants and the Criminalization of their Status
280(8)
III The Evolution of Migration Policy and Law in Italy and the Security Approach
288(12)
IV Italian Treaty Practice and International Human Rights Standards on Unauthorized Migration
300(5)
V The Externalization of Migration Control in Light of Human Rights Obligations
305(4)
VI Concluding Remarks
309(2)
Index 311
Ruth Rubio Marin is a Professor Constitutional and Public Comparative Law in the Law Department at European University Institute. She is an expert in constitutional law, human rights law, citizenship and migration law, transitional justice and feminist legal theory and has published several works on migration issues.
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