The treatment of immigrants in the European Court of Human Rights : moving beyond criminalisation

著者

    • Spalding, Amanda

書誌事項

The treatment of immigrants in the European Court of Human Rights : moving beyond criminalisation

Amanda Spalding

Hart, 2022

  • : hb

大学図書館所蔵 件 / 全3件

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注記

Includes bibliographical references (p. [181]-195) and index

内容説明・目次

内容説明

This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.

目次

Introduction I. Immigrants are being Undercriminalised II. Book Structure 1. The Criminalisation of Immigration in Europe I. The Intertwining of Criminal Law and Immigration Law II. The Use of Criminal Justice Practices in Immigration Control III. The Media Discourse Surrounding Immigration IV. Moving Beyond Criminalisation V. Conclusion 2. The Right to Liberty I. The Use of Immigration Detention II. An Overview of the Right to Liberty III. The Test for Criminal Detention IV. The Test for Immigration Detention V. Any Real Protection against Arbitrariness? VI. Conclusion 3. The Right to Liberty: Criminal Limb I. The Use of Deportation and Administrative Removal II. An Overview of Article 6 III. The Applicability of Article 6 to Immigration Decisions IV. Are Immigration Measures (Sometimes) Criminal Penalties? V. Conclusion 4. The Civil Limb of the Right to a Fair Trial I. Criminalisation and Immigration Decision-Making Procedures II. An Overview of the Civil Limb of the Right to a Fair Trial: Civil Rights and Obligations III. The Applicability of the Civil Limb of Article 6 to Immigration Decisions IV. Inconsistencies and Interpretations V. Conclusion 5. The Prohibition on Torture, Inhuman and Degrading Treatment I. Criminalisation and the Return of Foreign Nationals II. An Overview of the Prohibition on Torture, Inhuman and Degrading Treatment III. Exceptions for Immigrants? IV. Conclusion 6. Moving Beyond Criminalisation: A Two-Tier System I. A Two-Tier System II. How Did the Two-Tier System Come into Being? III. Repercussions of the Two-Tier System: Discrimination IV. Repercussions of the Two-Tier System: The Erosion of Rights V. Conclusion Conclusion I. Moving Forward

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