Title: The role of the European Court of Human Rights' case law in shaping government decisions on migration policy issues

Authors: Victoria Banti-Markouti

Addresses: Alexandras Avenue 77, Athens, Greece

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.

Keywords: ECHR case law; migration policy; asylum status; ill treatment; interest of the child; refoulement; European Court of Human Rights; government decisions; right to security; right to liberty; protection of private life; protection of family life; distress at sea; harmonisation; migrants.

DOI: 10.1504/IJHRCS.2015.072483

International Journal of Human Rights and Constitutional Studies, 2015 Vol.3 No.3, pp.242 - 251

Received: 01 May 2015
Accepted: 02 May 2015

Published online: 14 Oct 2015 *

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