Migration and the European Convention on Human Rights

This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants.

This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe.

The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.

BaÅak Ãali, Professor of International Law, Hertie School,Ledi Bianku,Iulia Motoc

Basak Çali is Professor of International Law at the Hertie School in Berlin and Co-Director of the School's Centre for Fundamental Rights. She is an expert in international law and institutions, and international human rights law and policy. She has authored publications on theories of international law, the relationship between international law and domestic law, standards of review in international law, interpretation of human rights law, legitimacy of human rights courts, and implementation of human rights judgments. Çalı is the Chair of European Implementation Network and a Fellow of the Human Rights Centre of the University of Essex. She has acted as a Council of Europe expert on the European Convention on Human Rights since 2002. She has extensive experience in training members of the judiciary and lawyers across Europe in the field of human rights law. She received her PhD in International Law from the University of Essex in 2003.

Ledi Bianku is an Associate Professor at the University of Strasbourg where he teaches EU Fundamental Rights, ECHR law, Refugee Law, and European Health Law. He is an Associate tenant with Doughty Streets Chamber in London. He served as judge of the European Court of Human Rights 2008-2019 and as member of the Venice Commission for Democracy through Law. He taught Public International Law, EU law, and Human Rights law at the University of Tirana Law Faculty and at the Magistrates School in Albania, and as visiting professor in several European Universities.

Iulia Motoc is a Judge at the European court on Human Rights and Professor at the University of Bucharest. She has taught at several universities in Europe, Africa, Latin America, and United States. She was a Special Guest Professor at the EUI University in Florence and a Senior Fellow at NYU and Yale School of Law. Motoc was also a Member and President of the UN Sub-Commission on Human Rights (2000-2007), UN Special Rapporteur of the Democratic Republic of Congo (2001-2004), Member and Vice-President of the UN Human Rights Committee (2006-2013), and Judge of the Constitutional Court of Romania (2010-2014).

Part I. SITUATING MIGRATION IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS
1. Migration and the European Convention on Human Rights, Başak Çalı, Ledi Bianku, and Iulia Motoc
2. The Migrant Case Law of the European Court of Human Rights: Critique and Way Forward, Marie-Bénédicte Dembour
Part II. RIGHT TO FLEE, RIGHT TO SEEK ASYLUM, AND THE RIGHT TO HUMANE AND DIGNIFIED TREATMENT
3. Intersectionality, Forced Migration, and the Jus-generation of the Right to Flee: Theorising a Composite Entitlement to Leave to Escape Irreversible Harm, Violeta Moreno-Lax
4. The JK Decalogue: A Paradigm Shift In Dealing With Asylum Cases In Strasbourg?, Ledi Bianku
5. Challenges to the Application of the Concept of Vulnerability and the Principle of Best Interests of the Child in the Case-Law of the ECtHR Related to Detention of Migrant Children, Ksenija Turković
6. 'Handle with Care' in Strasbourg: The Effective Access of Vulnerable Undocumented Migrants to Minimum Socio-economic Rights, Francesca Ippolito and Carmen Pérez González
Part III. RIGHTS OF LONG-TERM MIGRANTS
7. The European Court of Human Rights and Removal of Long-Term Migrants: Entrenched Statism with a Human Voice?, Basak Çali and Stewart Cunnigham
8. Cultural Rights of Migrants: Living Together in Dignity?, Bianca Selejan-Gutan
9. Islamophobia and the ECtHR: A Test-Case for Positive Subsidiarity for the protection of Europe's long term migrants?, Eva Brems
Part IV. STAGES OF MIGRATION AND THE EUROPEAN COURT OF HUMAN RIGHTS
10. Stages of Migration and the European Court of Human Rights: A Case List, Kristina Hatas