PDF - Protecting migrants under the European Convention on Human Rights and the European Social Charter (2nd edition) (2016)
Ensuring implementation of relevant commitments under the European Convention on Human Rights, whilst managing overwhelming numbers of refugees and migrants, represents today a significant challenge for all member States of the Council of Europe.
This handbook, produced by the Directorate General of Human Rights and Rule of Law, is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
I. The standards applicable to migrants
a. International human rights standards
b. Council of Europe standards
c. Standards on equality and non-discrimination
II. Seeking migration in a member state of the Council of Europe
a. Immigration controls in conformity with human rights standards
b. State jurisdiction
c. Rights of migrants during the entry process and reception
d. Examination of asylum seekers’ claims
III. Detention of migrants
a. Restrictions on freedom of movement which amount to deprivation of liberty
b. Rights of migrants during administrative detention
c. Length and conditions of detention
d. Detention of children and vulnerable groups
e. Judicial review and compensation
IV. Living conditions and economic, social and cultural rights
a. Extreme poverty and respect for human dignity
b. Right to housing
c. Right to health and to social and medical assistance
d. Right to education
e. Right to work and protection of migrant workers
V. The right to family reunification
a. European standards on family reunification
b. Notion of family
VI. Expulsion of migrants
a. Substantive rights of migrants
b. Procedural rights of migrants
c. Collective expulsions
d. Voluntary returns
VII. Application before the European Court of Human Rights
a. When can migrants apply?
b. Can migrants apply for interim measures?
VIII. Collective complaints before the European Committee of Social Rights
a. Who can apply?
b. Admissibility criteria
c. Benefits and disadvantages
Index of cases
Table of conventions and other legal instruments