scholarly journals From Enforced Closure to Regulated Mobility: The Need for a Paradigm Shift in Migration Policies

2021 ◽  
Author(s):  
François Crépeau
Keyword(s):  
European Union ◽  
Human Rights ◽  
Forced Migration ◽  
Annual Conference ◽  
The European Union ◽  
Human Rights Protection ◽  
Global Migration ◽  
Development Agenda ◽  
Canadian Association ◽  
And Migration

Editor’s note: the following text is an edited version of the keynote address delivered on May 13, 2015, at the 8th Annual Conference of the Canadian Association for Refugee and Forced Migration Studies (CARFMS) at Ryerson University, Toronto. Ladies and gentlemen, I would like to thank the organisers, and in particular my colleague and friend Prof. Idil Atak, for inviting me to this exchange with you. It is a rare occasion and I’m very grateful for the opportunity. I was asked to share with you a number of ideas coming from my experience as UN Special Rapporteur on the human rights of migrants, especially on the relationship between criminalisation, precariousness, and human rights protection. The thoughts I’m sharing with you are mostly based on my knowledge of international human rights and refugee law, my country visits – Albania, Tunisia, Turkey, Italy, Greece, the European Union (Brussels), Qatar, Nepal, Sri Lanka, and Malta – and my various thematic reports on the detention of migrants, climate change and migration, the management of the external borders of the European Union, Global Migration Governance, the labour exploitation of migrants, and the human rights of migrants in the post-2015 sustainable development agenda. They are also inspired by the most recent policy announcements made by the European Union, including the European Migration Agenda announced today in Brussels.

scholarly journals From Enforced Closure to Regulated Mobility: The Need for a Paradigm Shift in Migration Policies

2021 ◽  
Author(s):  
François Crépeau
Keyword(s):  
European Union ◽  
Human Rights ◽  
Forced Migration ◽  
Annual Conference ◽  
The European Union ◽  
Human Rights Protection ◽  
Global Migration ◽  
Development Agenda ◽  
Canadian Association ◽  
And Migration

Editor’s note: the following text is an edited version of the keynote address delivered on May 13, 2015, at the 8th Annual Conference of the Canadian Association for Refugee and Forced Migration Studies (CARFMS) at Ryerson University, Toronto. Ladies and gentlemen, I would like to thank the organisers, and in particular my colleague and friend Prof. Idil Atak, for inviting me to this exchange with you. It is a rare occasion and I’m very grateful for the opportunity. I was asked to share with you a number of ideas coming from my experience as UN Special Rapporteur on the human rights of migrants, especially on the relationship between criminalisation, precariousness, and human rights protection. The thoughts I’m sharing with you are mostly based on my knowledge of international human rights and refugee law, my country visits – Albania, Tunisia, Turkey, Italy, Greece, the European Union (Brussels), Qatar, Nepal, Sri Lanka, and Malta – and my various thematic reports on the detention of migrants, climate change and migration, the management of the external borders of the European Union, Global Migration Governance, the labour exploitation of migrants, and the human rights of migrants in the post-2015 sustainable development agenda. They are also inspired by the most recent policy announcements made by the European Union, including the European Migration Agenda announced today in Brussels.

scholarly journals Problem of human rights violations during the migrant crisis in Europe

2021 ◽  
Vol 37 (3) ◽  
pp. 508-515
Author(s):  
Anna S. Matveevskaya ◽  
◽  
Sergei N. Pogodin ◽  
Juntao Wang ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Geneva Convention ◽  
Forced Migration ◽  
Migration Policy ◽  
Academic Community ◽  
The European Union ◽  
Human Rights Law ◽  
International Treaties ◽  
Human Rights Protection

The aim of this study was to identify how Europe’s migrant crisis affected human rights in the European Union. It focuses on the observance of fundamental human rights in the context of migration. Violations directly related to migrants and refugees are considered. Human rights law is the most universal and general branch of law on which all other laws rely. The issue of observance of these rights becomes even more critical in regard to forced migration. While these rights are guaranteed to ‘all members of the human family’, there are conditions under which universally recognized human rights should be protected and justified with particular care. Obviously, inalienable human rights may easily be compromised when it comes to prisoners or refugees. Ensuring human rights in the European Union is based on a variety of international treaties, EU regulations and internal legislation of the member countries which have adopted high standards in the field of human rights protection. With regard to the right to asylum as an essential component of the human rights law, it can be stated that an unprecedented level of integration has enabled the EU to establish a pan-European asylum system based on the standards enshrined in the 1951 Geneva Convention and the 1967 Additional Protocol, as well as to gain considerable experience in dealing with migrants and refugees and ensuring their inalienable rights. In general, legislation in this area is constantly being improved and it reflects modern challenges and threats. The member countries of the European Union are on the way to developing a unified approach to migration policy and international protection issues. However, the asylum system is imperfect and has numerous gaps, which have been repeatedly mentioned by experts and members of the academic community even before the migrant crisis began.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

Effects of the Measures Undertaken by the European Mediator Regarding the Protection of Human Rights

2020 ◽  
Vol 10 (2) ◽  
pp. 549
Author(s):  
Claudiu IGNAT
Keyword(s):  
European Union ◽  
Human Rights ◽  
Social Impact ◽  
European Union Member State ◽  
Main Function ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social ◽  
Protection Of Human Rights

The research performs an accurate radiography regarding the measures the European Mediator unfolds in the Human Rights protection but also with regard to the social impact upon the European citizen. The European Mediator is a complement to the ombudsmen existing in each State. However, its competence is limited only to the European Union authorities, as it does not involve the ones of the Member States. Any possible reports between the European Mediator and the equivalent institutions from the European Union Member State can only be mutually supported as long as every ombudsman aims the fulfilment of the same main function, namely that of administration control and citizen protection.

Opinion 2/13 of the Court (C.J.E.U.)

2016 ◽  
Vol 55 (2) ◽  
pp. 267-306
Author(s):  
Daniel Halberstam
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Gradual Process ◽  
Drawing Board

Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as an external check on human rights protection within the European Union.

scholarly journals ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

Education and Race from Empire to Brexit

2019 ◽  
Author(s):  
Sally Tomlinson
Keyword(s):  
European Union ◽  
Human Rights ◽  
Education System ◽  
The European Union ◽  
Post Colonial ◽  
British Identity ◽  
Racial And Ethnic Minorities ◽  
Politics And Education ◽  
And Migration ◽  
British People

Covering the period from the height of Empire to Brexit and beyond, this book shows how the vote to leave the European Union increased hostilities towards racial and ethnic minorities and migrants. Concentrating on the education system it asks whether populist views that there should be a British identity, or a Scottish, Welsh or Irish one largely excluding minorities, or whether arguments based on human rights, equality and economic needs will prevail. It covers events in politics and education that have left most white British people ignorant of Empire, the often-brutal processes of decolonisation and the arrival of migrants from post-colonial and European countries. It discusses policies and practices in education, race, religion and migration that have left schools and universities largely failing to engage with a multicultural and multiracial society

Sign in / Sign up

Export Citation Format

Share Document