When Humans Become Migrants

Author: Marie-Bénédicte Dembour
Publisher: Oxford University Press, USA
ISBN: 0199667845
Format: PDF, ePub, Docs
Download Now
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

When Humans Become Migrants

Author: Marie-Bénédicte Dembour
Publisher: Oxford University Press
ISBN: 0199667837
Format: PDF, ePub, Docs
Download Now
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

When Humans Become Migrants

Author: Marie-Bénédicte Dembour
Publisher: OUP Oxford
ISBN: 0191644773
Format: PDF
Download Now
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

Who Believes in Human Rights

Author: Marie-Bénédicte Dembour
Publisher: Cambridge University Press
ISBN: 1139459449
Format: PDF, ePub, Docs
Download Now
Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

Political Justice

Author: Otfried Höffe
Publisher: John Wiley & Sons
ISBN: 0745692389
Format: PDF, ePub
Download Now
Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition of all legal and state systems. Höffe sets out to continue the 'philosophical project of modernity', the legitimation of human rights, and their guarantee by the state, while at the same time rehabilitating the classical theory of political justice represented by Plato and Aristotle. He questions the success of the positivists in avoiding extra-legal normative claims, and casts doubt on the plausibility of their criticism of the Natural Law tradition. Most anarchists, he argues, rely on an uncritical assumption that social institutions other than states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and the grounds for its justification must be examined. Principles of justice will be those principles which define fundamental rights, and which must be enforced if rights are to be respected.

The Human Rights of Migrants in European Law

Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0199644748
Format: PDF, Mobi
Download Now
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Child Migration and Human Rights in a Global Age

Author: Jacqueline Bhabha
Publisher: Princeton University Press
ISBN: 1400850169
Format: PDF, ePub, Mobi
Download Now
Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children—one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.

Militant Visions

Author: Elizabeth Reich
Publisher: Rutgers University Press
ISBN: 0813572592
Format: PDF, ePub, Docs
Download Now
Militant Visions examines how, from the 1940s to the 1970s, the cinematic figure of the black soldier helped change the ways American moviegoers saw black men, for the first time presenting African Americans as vital and integrated members of the nation. In the process, Elizabeth Reich reveals how the image of the proud and powerful African American serviceman was crafted by an unexpected alliance of government propagandists, civil rights activists, and black filmmakers. Contextualizing the figure in a genealogy of black radicalism and internationalism, Reich shows the evolving images of black soldiers to be inherently transnational ones, shaped by the displacements of diaspora, Third World revolutionary philosophy, and a legacy of black artistry and performance. Offering a nuanced reading of a figure that was simultaneously conservative and radical, Reich considers how the cinematic black soldier lent a human face to ongoing debates about racial integration, black internationalism, and American militarism. Militant Visions thus not only presents a new history of how American cinema represented race, but also demonstrates how film images helped to make history, shaping the progress of the civil rights movement itself.

Protecting Vulnerable Groups

Author: Francesca Ippolito
Publisher: Bloomsbury Publishing
ISBN: 1782256148
Format: PDF, ePub, Mobi
Download Now
The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.

Guide to Taxpayers Rights and Hmrc Powers

Author: Robert Maas
Publisher: Bloomsbury Publishing
ISBN: 1784513288
Format: PDF, ePub
Download Now
Guide to Taxpayers' Rights and HMRC Powers, Fifth Edition provides a thorough examination of the wide powers that HMRC possess and the limitations that apply to those powers. Most importantly, this handbook clearly explains the penalty regime for non-compliance and how to challenge HMRC if they threaten to penalise or charge interest on client tax returns.The book primarily covers the main taxes, namely income tax, corporation tax, capital gains tax and VAT. It considers not only the legislation but also many important tribunal and court decisions on its interpretation. Guide to Taxpayers' Rights and HMRC Powers deals with operational issues such as enquiries into tax returns and practical advice on how to handle them, business record checks, HMRC investigations, the impact of the Human Rights Act on taxpayer rights, international co-operation in relation to tax enforcement and DOTAS. Particular attention is paid to the crucial concepts of 'reasonable excuse' and 'failure to take reasonable care'.