The European court of human rights and removal of long-term migrants: Entrenched statism with a human voice?
Çalı B, Cunningham S (2021)
Publication Type: Authored book
Publication year: 2021
Publisher: Oxford University Press
ISBN: 9780192895196
DOI: 10.1093/oso/9780192895196.003.0007
Abstract
This chapter analyses the general interpretative outlook of the European Court of Human Rights (ECtHR) on the rights of long-term migrants facing deportation. It shows that this outlook is strongly marked by recognising the primacy of state discretion in the field of migration policy, while at the same time ensuring that long-term migrants are given access to the protection of the Convention. The chapter then surveys the case law of the ECtHR related to the deportation of long-term migrants, identifying the factors that the Court employs in balancing its dual commitment to states and long-term migrants. The central argument of the chapter is that the Court’s approach to the right to stay of long-term migrants falls short of adequately recognising the unique position of long-term migrants and is unable to differentiate between those who have lived for lengthy periods in host states and any other category of alien in those states. The Court’s recent emphasis on principled deference to domestic courts in balancing the rights of long-term migrants and host states further undercuts any future progressive developments in the field of right to stay for long-term migrants.
Involved external institutions
Germany (DE)How to cite
APA:
Çalı, B., & Cunningham, S. (2021). The European court of human rights and removal of long-term migrants: Entrenched statism with a human voice? Oxford University Press.
MLA:
Çalı, Başak, and Stewart Cunningham. The European court of human rights and removal of long-term migrants: Entrenched statism with a human voice? Oxford University Press, 2021.
BibTeX: Download