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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.
In many regions around the world, the governance of migration
increasingly involves local authorities and actors. This edited
volume introduces theoretical contributions that, departing from
the 'local turn' in migration studies, highlight the distinct role
that legal processes, debates, and instruments play in driving this
development. Drawing on historical and contemporary case studies,
it demonstrates how paying closer analytical attention to legal
questions reveals the inherent tensions and contradictions of
migration governance. By investigating socio-legal phenomena such
as sanctuary jurisdictions, it further explores how the law
structures ongoing processes of (re)scaling in this domain. Beyond
offering conceptual and empirical discussions of local migration
governance, this volume also directly confronts the pressing
normative questions that follow from the growing involvement of
local authorities and actors. This title is also available as Open
Access on Cambridge Core.
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.
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