This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018.
This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state?
This book will be of much interest to students of migration, human rights, international law and international relations.
1. Introduction, Elspeth Guild, Stefanie Grant and C. A. Groenendijk
2. The right to be recognised as a person before the law, Kathryn Allinson
3. Migrants' Rights at the Border, Ceren Mutus Toprakseven
4. Immigration Detention, Kathryn Allinson, Justine Stefanelli and Katharine T. Weatherhead
5. Irregular Status, Katharine T. Weatherhead
6. Rights of residence, termination of residence and in respect of removal, Valeria Vita
7. The economic, social and cultural rights of migrants, Claude Cahn
8. Rights at Work, Bjarney Friðriksdóttir
9. Family life and the migrant, Rowena Moffatt, Ella Gunn, and Anuscheh Farahat
10. Freedom of thought, belief and religion and freedom of expression and opinion, Susie Alegre
11. The right to an effective remedy, the right to an effective national procedure against arbitrary removal and the right to a fair hearing, Dana Baldinger
12. Conclusions and Summary of Key International Human Rights of Migrants, Elspeth Guild, Stefanie Grant and C. A. Groenendijk
'This book is a remarkable compendium on the human rights of migrants. It very clearly outlines the applicable standards and the challenges of the complexity of the legal and social condition of many migrants. It will serve as a reference in the difficult debates to come, as States grapple with global migration governance, at a time when nationalist populism threatens the democratic fabric of our societies.' -- Francois Crepeau, UN Special Rapporteur for the Human Rights of Migrants
'Freedom of movement remains one of the inchoate rights in the catalogue provided by the Universal Declaration of Human Rights. Even the limited protection that international law provides finds itself threatened by the strains of refugee flows and mass migration. This authoritative work provides a most useful, convenient and constructive guide to an exceedingly complex area.' -- William Schabas, Middlesex University London, UK
'This book outlines expertly and authoritatively the central role that the protection of human rights must play in the development of international migration law and policy. It is essential reading for academics, practitioners, civil society representatives, policy makers and government officials and constitutes an invaluable guide in the challenging negotiations towards the UN’s Global Compact on Migration.' -- Valsamis Mitsilegas, Queen Mary University of London, UK
'This book provides an important overview of general acquis regarding human rights of migrants under UN law. The list of norms at the end of the book shows the present state of the art on minimum standards for the treatment of migrants all over the world.' -- Pieter Boeles, Vrie Universiteit Amsterdam, Netherlands