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Situating the Right to Citizenship within International and Regional Human Rights Law
Author:
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
Situating the Right to Citizenship within International and Regional Human Rights Law
Author:
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
Ensuring Minimum Standards of Human Rights Protection
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.
Ensuring Minimum Standards of Human Rights Protection
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.
Series:
The Judges, Volume: 8
Editor:
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
Series:
The Judges, Volume: 8
Editor:
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
Author:
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
Author:
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.
Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.
In Blurring Boundaries: Human Security and Forced Migration scholars from law and social sciences offer a fresh view on the major issues of forced migration through the lens of human security. Although much scholarship engages with forced migration and human security independently, they have hardly been weaved together in a comprehensive manner. The contributions cover the issues of refugee law, maritime migration, human smuggling and trafficking and environmental migration.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
In Blurring Boundaries: Human Security and Forced Migration scholars from law and social sciences offer a fresh view on the major issues of forced migration through the lens of human security. Although much scholarship engages with forced migration and human security independently, they have hardly been weaved together in a comprehensive manner. The contributions cover the issues of refugee law, maritime migration, human smuggling and trafficking and environmental migration.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
Degrees of Free Movement and Citizenship
Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
Degrees of Free Movement and Citizenship
Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
Selected Protection Issues Raised by the Second Phase of the Common European Asylum System
Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.
With a foreword by Professor Hélène Lambert.
With a foreword by Professor Hélène Lambert.
Selected Protection Issues Raised by the Second Phase of the Common European Asylum System
Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.
With a foreword by Professor Hélène Lambert.
With a foreword by Professor Hélène Lambert.
Essays in Memory of Joan Fitzpatrick and Arthur Helton
Editor:
An extraordinary volume with 28 of the world's leading refugee and human rights scholars and advocates in a wide-ranging examination of the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts and treaty bodies on the rights and responsibilities of protection; due process issues from Europe, Canada and the United States, and the special needs of migrant workers. The book brings together a unique group of experts including UNHCR officials, legal academics and practitioners, and uniquely tackles these crucial subjects from the perspectives of theory, legal practice, and advocacy.
Essays in Memory of Joan Fitzpatrick and Arthur Helton
Editor:
An extraordinary volume with 28 of the world's leading refugee and human rights scholars and advocates in a wide-ranging examination of the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts and treaty bodies on the rights and responsibilities of protection; due process issues from Europe, Canada and the United States, and the special needs of migrant workers. The book brings together a unique group of experts including UNHCR officials, legal academics and practitioners, and uniquely tackles these crucial subjects from the perspectives of theory, legal practice, and advocacy.
Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.
Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.
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