The Migrant Case Law of the European Court of Human Rights
2021 ◽
pp. 19-40
Keyword(s):
Case Law
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Summarising a comprehensive review of six decades of case law published elsewhere, this chapter points out that the European Court of Human Rights (ECtHR) often privileges state sovereignty over migrants’ rights. This often leads to a deficit in protection whose origin can be traced to the so-called ‘Strasbourg reversal’ and the historical creation of jurisprudential lines which, in time, result in intellectually logical but ethically objectionable findings by the Court. Case law related to situations where migrants are left to live in perpetual limbo and immigration detention are provided as illustration. The chapter ends by highlighting jurisprudential avenues which the Court could adopt in order to remedy the identified shortcomings.