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Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.
The ESIL Book Series publishes high-quality volumes on the themes of ESIL Annual Conferences and ESIL joint events primarily. The volumes include chapters that are based on selected papers presented at ESIL events, revised to fit the theme and focus of the volume, and complemented by additional chapters that address topics that were not fully explored at the events, but that are essential for a full coverage of the theme. Book jacket.
From pre-arrival to detention and deportation, Borderline Justice describes the exclusionary policies, inhumane decisions, and obstacles to justice for refugees and migrants in the current legal system.Frances Webber, a legal practitioner with over 30 years experience, provides a unique insight into how the law has been applied to migrants, refugees and other "unpopular minorities." The book records some of the key legal struggles of the past thirty years which have sought to preserve values of universality in human rights - and the importance of continuing to fight for those values, inside and outside the courtroom. With its combination of legal and political analysis with insider insights, Borderline Justice will appeal to both academic and non-academic audiences. The themes and analysis cross boundaries of law, politics, sociology, criminology, refugee studies, and terrorism studies, appealing to the radical tradition in all these disciplines.
In our globalised world, where inequality is deepening and migration movements are increasing, states continue to maintain strong regulatory control over immigration, health and social policies. Arguments based on state sovereignty can be employed to differentiate irregular migrants from other groups and reduce their right to physical and mental health to the provision of emergency medical care, even where resources are available. Drawing on the enabling and constraining factors of human rights law and public health, this book explores the scope and limits of the right to health of migrants in irregular situations, in international and European human rights law. Addressing these peoples' health solely with an exceptional medical paradigm is inconsistent with the special attention granted to people in vulnerable situations and non-discrimination in human rights, the emerging rights-based approach to disability, the social priorities of public health and the interdependence of human rights.
There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and...
Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different. To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks th...
Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.
A study of migration tides which explores political and economic factors that have influenced immigration in post-war Europe and the USA. It seeks to explain immigration in terms of the globalization of labour markets and the expansion of civil rights for marginal groups in liberal democracies.
Includes statistics.
Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.