Skip to content
Register Sign in Wishlist
Look Inside Demanding Rights

Demanding Rights
Europe's Supranational Courts and the Dilemma of Migrant Vulnerability

$39.99 (P)

Part of Cambridge Asylum and Migration Studies

  • Publication planned for: June 2019
  • availability: Not yet published - available from July 2019
  • format: Paperback
  • isbn: 9781108733885

$ 39.99 (P)
Paperback

Pre-order Add to wishlist

Other available formats:
Hardback


Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact collegesales@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

    • Tackles a topical and controversial subject matter, namely the rights of refugees and other vulnerable migrants in Europe
    • Offers a detailed evaluation of key cases of Europe's two supranational courts within the migration domain
    • Addresses head-on the discrepancy between the rights that vulnerable migrants enjoy nominally and in practice
    Read more

    Reviews & endorsements

    ‘With a rigorous methodology and laser-precise analysis, Baumgärtel shows the potential - if adequately prompted by rights defenders - for the European judiciary to steer migration policies towards a better protection of the human rights of migrants, despite the increasing nationalist populist pressure towards tighter ‘securitisation' of the borders.' François Crépeau, Hans and Tamar Oppenheimer Professor in Public International Law, McGill University, Montreal

    ‘Zooming in on one of the most contentious fields of contemporary human rights struggles - migrant rights - this excellent monograph investigates what can be expected of European supranational jurisdictions. The study of the impact and/or effectiveness of strategies is a crucial yet still underdeveloped aspect of human rights work. Baumgärtel has developed a method that allows him to assess the results of the work of the Strasbourg and Luxemburg courts. Admirably, this author resists the temptation of surfing on the wave of human rights skepticism. Instead, he chooses constructive engagement with human rights theory as well as with strategies of courts and litigators, aimed at optimizing effectiveness.' Eva Brems, Ghent University, Belgium

    See more reviews

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Publication planned for: June 2019
    • format: Paperback
    • isbn: 9781108733885
    • length: 206 pages
    • dimensions: 248 x 174 x 11 mm
    • weight: 0.38kg
    • contains: 6 b/w illus. 5 tables
    • availability: Not yet published - available from July 2019
  • Table of Contents

    1. Introduction
    Part I:
    2. Expanding the rights to stay?
    3. Establishing responsibility
    4. Reaffirming jurisdiction
    Part II:
    5. From dilemmatic to strategic adjudication
    6. From strategic to consolidating litigation
    7. Migrant rights as existential commitments
    8. Demanding rights: some conclusions.

  • Author

    Moritz Baumgärtel, Universiteit Utrecht, The Netherlands
    Moritz Baumgärtel is Assistant Professor at the Faculty of Law of Universiteit Utrecht, The Netherlands and at University College Roosevelt. He holds a Ph.D. from the Université libre de Bruxelles, an M.Phil. in International Relations from the University of Cambridge and an LL.M. in Public International Law from Universiteit Utrecht, The Netherlands. In recent years, he has been a lecturer at Tilburg Law School and has held visiting positions at the law schools of the University of Michigan, Duke University, and the University of Copenhagen. Baumgärtel's research concerns the human rights of vulnerable migrants such as refugees, asylum seekers and undocumented migrants.

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×