Demanding Rights: Europe's Supranational Courts and the Dilemma of Migrant Vulnerability
Anteprima |
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 judgments 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.