Download e-book for iPad: When Humans Become Migrants: Study of the European Court of by Marie-Bénédicte Dembour

By Marie-Bénédicte Dembour

The remedy of migrants is without doubt one of the so much demanding concerns that human rights, as a political philosophy, faces this present day. It has more and more turn into a contentious factor for plenty of governments and overseas enterprises all over the world. The controversies surrounding immigration can result in practices at odds with the moral message embodied within the inspiration of human rights, and the idea of 'migrants' as a bunch which may be handled in a special demeanour. This
book examines the way associations tasked with making sure the safety of human rights, the ecu court docket of Human Rights and Inter-American court docket of Human Rights, deal with claims lodged by means of migrants. It combines felony, sociological, and historic research to teach that the 2 courts were
the made of various backgrounds, which resulted in differing attitudes in the direction of migrants of their founding texts, and that those modifications have been strengthened of their constructing case law.

The publication assesses the case legislations of either courts intimately to argue that they process migrant instances from essentially various views. It asserts that the eu court docket of Human Rights treats migrants first as extraterrestrial beings, after which, yet simply as a moment step in its reasoning, as humans. in contrast, the Inter-American court docket of Human Rights methods migrants first as people, and secondly as foreigners (if they are). Dembour argues as a result that the Inter-American courtroom of Human
Rights takes a essentially extra human rights-driven method of this factor. The publication exhibits how those developments shaped on the courts, and assesses no matter if their ways have replaced through the years. It additionally assesses intimately the difficulty of the detention of abnormal migrants. eventually it analyses
whether the divergence within the case legislations of the 2 courts is probably going to proceed, or whether or not they might probably undertake a extra unified practice.

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When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint by Marie-Bénédicte Dembour

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