Download PDF by Ruth Rubio-Marin: Human Rights and Immigration

By Ruth Rubio-Marin

ISBN-10: 0198701179

ISBN-13: 9780198701170

Monetary interplay has enlarged the overseas alternate in items and companies, however the secure and humane circulation of individuals throughout foreign borders is still a problem in a State-based version of territorial jurisdictions. as soon as an immigrant enters a brand new host nation the warrantly of appreciate for his or her human rights comes into query. certainly, the felony and political buildings of inclusion or exclusion of migrants from the political neighborhood contact on the very center of the cosmopolitan spirit of common human rights.

This ebook brings jointly major specialists within the fields of migration and human rights legislations to check important difficulties within the safety of the human rights of migrants. They clarify the theoretical historical past of current matters within the zone together with, immigrant integration guidelines in Europe, the social and labour rights of migrants, the stipulations and felony frameworks affecting migrant ladies, asylum seekers and refugees around the globe between many others. It explains in a transparent and important demeanour the felony and political implications of migration at the present time within the context of an evolving globalized world.

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18 ‘Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to refugees apart from this Convention’. Are Refugee Rights Human Rights? 23 I. Access to International Protection: Towards a Gradual Merger between Refugee Law and Human Rights Law? Access to protection is primarily conditioned by two parameters: the definition of ‘refugee’ (A), and the principle of non-refoulement (B). These two critical components express the very essence of the Geneva Convention.

Goodwin-Gill, The Refugee in International Law (1983), 38–46. See also E. Lapenna, ‘Le réfugié et l’émigrant dans le cadre des droits et libertés fondamentaux’, 22 AWR Bulletin (1984) 50; G. Melander, The Two Refugee Definitions (1987). 36 Hathaway (n 7) at 104–5. 37 See, for instance, A. Zimmermann and C. Mahler, ‘Article 1 A, para. 2 (Definition of the Term “Refugee”)’, in A. ), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. A Commentary (2011) 282, 345–58; M. Foster, International Refugee Law and SocioEconomic Rights.

32 See G. Cornelisse, ‘A New Articulation of Human Rights, or Why the European Court of Human Rights Should Think Beyond Westphalian Sovereignty’, in M. Dembour and T. Kelly (eds), Are Human Rights for Migrants? Critical Reflections on the Statue of Irregular Migrants in Europe and the United States (2011)100, at 112. 34 III. Beyond the Citizen/Non-citizen Divide: Modulating Concepts No matter how categorically one affirms personhood as the central concept in human rights law and territorial or simply state jurisdiction as the main triggering factor of state responsibility, unlike other discrimination grounds (such as race, sex, and disability) whose legal relevance can be said to be mainly culturally and socially constructed, for as long as the state order exists, it seems that the citizen/non-citizen distinction cannot be entirely put aside.

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Human Rights and Immigration by Ruth Rubio-Marin

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