The Treatment of Immigrants in the European Court of Human Rights: Moving Beyond Criminalisation

The book explores how the European Court of Human Rights has addressed the issue of immigration and criminalization, highlighting the effectiveness of its responses in countering detention and deportation.

Format: Hardback
Length: 232 pages
Publication date: 14 July 2022
Publisher: Bloomsbury Publishing PLC

The issue of immigration in Europe has been a complex and evolving phenomenon, accompanied by a growing criminalization of immigrants. This multifaceted issue involves a close entanglement of criminal justice systems and the harsh implementation of immigration measures. In response to this pressing concern, this book aims to examine the role of the European Court of Human Rights (ECHR) in addressing the challenges posed by immigration. By analyzing case law from a wide range of human rights, the book seeks to assess the effectiveness of the ECHR in countering detention and deportation, particularly in the context of criminal immigration.

Immigration in Europe has experienced a significant surge in recent years, driven by various factors such as economic opportunities, political instability, and human rights abuses. This increase in immigration has led to a corresponding rise in the criminalization of immigrants, with many facing discrimination, violence, and exploitation. Criminal justice systems have become increasingly involved in the management of immigration, with laws and policies aimed at deterring illegal immigration and enforcing border control.

However, the harsh use of immigration measures and the criminalization of immigrants have raised concerns about the human rights and dignity of individuals. The ECHR has played a crucial role in addressing these concerns by protecting the rights of immigrants and ensuring that their rights are respected during detention and deportation processes.

The ECHR has established a strong body of case law in this area, which has helped to shape the legal framework for the protection of immigrants' rights. For example, in the case of Delgado v. Spain (1998), the ECHR ruled that the detention of immigrants for immigration purposes was unlawful and violated their right to liberty and security. This decision set a precedent for other cases and has contributed to the development of a more human-rights-oriented approach to immigration management.

In addition to its rulings on detention and deportation, the ECHR has also addressed other aspects of criminal immigration, such as the right to a fair trial, the protection against torture and inhuman treatment, and the right to access healthcare. These cases have highlighted the importance of protecting the rights of immigrants even in the context of criminal proceedings and have contributed to the development of a more comprehensive approach to criminal justice and immigration.

Despite the ECHR's positive contributions to the protection of immigrants' rights, there are still challenges that need to be addressed. One of the main challenges is the lack of effective implementation of the ECHR's rulings in some countries. This can be attributed to a variety of factors, including political resistance, inadequate resources, and a lack of awareness and understanding of the ECHR's principles.

To address these challenges, it is important for governments and other stakeholders to prioritize the protection of immigrants' rights and to ensure that the ECHR's rul human rights are respected. This can involve strengthening the legal framework for the protection of immigrants' rights, increasing resources for immigration enforcement, and promoting awareness and understanding of the ECHR's principles among law enforcement and other stakeholders.

In conclusion, the issue of immigration in Europe has been a complex and evolving phenomenon, accompanied by a growing criminalization of immigrants. The European Court of Human Rights has played a crucial role human role human rights in addressing these challenges by protecting the rights of immigrants and ensuring that their rights are respected during detention and deportation processes. While there are still challenges that need to be addressed, it is important for governments and other stakeholders to prioritize the protection of immigrants' rights and to ensure that the ECHR's human rights are respected. By doing so, we can create a more inclusive and just society that values the contributions of all members, regardless of their immigration status.

Weight: 548g
Dimension: 241 x 165 x 21 (mm)
ISBN-13: 9781509947409