The role of the European Court of Human Rights' case law in shaping government decisions on migration policy issues
by Victoria Banti-Markouti
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 3, No. 3, 2015

Abstract: In this paper specific case law referring to ill treatment and the protection of article 3 ECHR, the right to liberty and security according to article 5, the effective legal remedy after article 13 as well as the best interest of children and the protection of private and family life after article 8 ECHR will be analysed. Moreover, the protection against refoulement, and the duty to provide assistance in cases of distress at the sea will be assessed. Further, the ECHR gives guidance for the asylum status determination (RSD) procedures in order to achieve harmonised RSD procedures. While, the ECHR has criticised - via its case law - the Dublin II system, stressing the need for a harmonised asylum system throughout the EU. Also, the court has assisted to the regulation of every day matters of migrants in the member states.

Online publication date: Wed, 14-Oct-2015

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