Download Human Rights and Immigration by Ruth Rubio-Marin PDF

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By Ruth Rubio-Marin

Fiscal interplay has enlarged the overseas alternate in items and companies, however the secure and humane circulate of individuals throughout foreign borders is still a problem in a State-based version of territorial jurisdictions. as soon as an immigrant enters a brand new host kingdom the warrantly of appreciate for his or her human rights comes into query. certainly, the felony and political buildings of inclusion or exclusion of migrants from the political group contact on the very middle of the cosmopolitan spirit of common human rights.

This ebook brings jointly prime specialists within the fields of migration and human rights legislation to check primary difficulties within the defense of the human rights of migrants. They clarify the theoretical historical past of current concerns within the region together with, immigrant integration rules in Europe, the social and labour rights of migrants, the stipulations and criminal frameworks affecting migrant ladies, asylum seekers and refugees all over the world between many others. It explains in a transparent and important demeanour the felony and political implications of migration this day within the context of an evolving globalized world.

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36 That minimum standard of civilization comprised, in particular, the rights of personal liberty and, generally, the right to equality before the law. See H. Lauterpacht, International Law and Human Rights (1950) at 121. 37 See CESCR, General Comment No. 13: The Right to Education (1999), para. 34, in which both nationality and lack of legal status were ruled out as reasons to deny education to ‘persons of school age residing in the territory of a State party’. The Committee has also taken the view that the freedom to set up educational institutions (Article 13(4) ICESCR) should not be restricted on grounds of nationality: CESCR, General Comment No.

57 See De Guchteneire et al. (n 2) at 28. 58 See De Guchteneire et al. (n 2) at 28. 59 Yet, in Chapter 4, Mullally expresses particular scepticism about the law’s framing of migrant women as vulnerable to abuse and in need of protection. 60 Also, she claims, the normative re-emergence of protective categories does little to enhance women’s autonomy, agency, or equality. Ultimately, the vulnerability approach is an invitation to focus primarily on the most extreme but not necessarily the most recurrent and daily forms of exploitation and subordination that should also be the concern of human rights law.

Non-refoulement in International Law’, 20 IJRL (2008) 373; C. W. Wouters, International Legal Standards for the Protection from Refoulement (2009). 6 See, in particular, W. Kälin, ‘Temporary Protection in the EC: Refugee Law, Human Rights and the Temptation of Pragmatism’, 44 GYIL (2001) 202; D. ), Subsidiary Protection of Refugees in the European Union: Complementing the Geneva Convention? (2002); G. Noll, ‘International Protection Obligations and the Definition of Subsidiary Protection in the EU Qualification Directive’, in C.

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