Migration and the European Convention on Human Rights

Başak Çalı is Professor of International Law at the Hertie School in Berlin and Co-Director of the School's Centre for Fundamental Rights. She is an expert in international law and institutions, and international human rights law and policy. She has authored publications on theories of international law, the relationship between international law and domestic law, standards of review in international law, interpretation of human rights law, legitimacy of human rights courts, and implementation of human rights judgments. Çalı is the Chair of European Implementation Network and a Fellow of the Human Rights Centre of the University of Essex. She has acted as a Council of Europe expert on the European Convention on Human Rights since 2002. She has extensive experience in training members of the judiciary and lawyers across Europe in the field of human rights law. She received her PhD in International Law from the University of Essex in 2003.Ledi Bianku is an Associate Professor at the University of Strasbourg where he teaches EU Fundamental Rights, ECHR law, Refugee Law, and European Health Law. He is an Associate tenant with Doughty Streets Chamber in London. He served as judge of the European Court of Human Rights 2008-2019 and as member of the Venice Commission for Democracy through Law. He taught Public International Law, EU law, and Human Rights law at the University of Tirana Law Faculty and at the Magistrates School in Albania, and as visiting professor in several European Universities.Iulia Motoc is a Judge at the European court on Human Rights and Professor at the University of Bucharest. She has taught at several universities in Europe, Africa, Latin America, and United States. She was a Special Guest Professor at the EUI University in Florence and a Senior Fellow at NYU and Yale School of Law. Motoc was also a Member and President of the UN Sub-Commission on Human Rights (2000-2007), UN Special Rapporteur of the Democratic Republic of Congo (2001-2004), Member and Vice-President of the UN Human Rights Committee (2006-2013), and Judge of the Constitutional Court of Romania (2010-2014).

This collection brings invaluable insights into the case-law of the European Court of Human Rights on migration. It takes a wide approach, examining not only questions pertaining to international protection, but also examining questions relating to security of residence, inclusion, equality and diversity. The contributors include many of the leading scholars in the field, and several members of the Court. This unique constellation of contributors and themes makes this an indispensable volume for any scholar or practitioner interested in this crucial fundamental rights topic.

• Part I. SITUATING MIGRATION IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS1: Ba,sak Çal)i, Ledi Bianku, and Iulia Motoc: Migration and the European Convention on Human Rights2: Marie-Bénédicte Dembour: The Migrant Case Law of the European Court of Human Rights: Critique and Way ForwardPart II. RIGHT TO FLEE, RIGHT TO SEEK ASYLUM, AND THE RIGHT TO HUMANE AND DIGNIFIED TREATMENT3: Violeta Moreno-Lax: Intersectionality, Forced Migration, and the Jus-generation of the Right to Flee: Theorising a Composite Entitlement to Leave to Escape Irreversible Harm4: Ledi Bianku: The JK Decalogue: A Paradigm Shift In Dealing With Asylum Cases In Strasbourg?5: Ksenija Turkovi'c: Challenges to the Application of the Concept of Vulnerability and the Principle of Best Interests of the Child in the Case-Law of the ECtHR Related to Detention of Migrant Children6: Francesca Ippolito and Carmen Pérez González: 'Handle with Care' in Strasbourg: The Effective Access of Vulnerable Undocumented Migrants to Minimum Socio-economic RightsPart III. RIGHTS OF LONG-TERM MIGRANTS7: Ba,sak Çal)i and Stewart Cunnigham: The European Court of Human Rights and Removal of Long-Term Migrants: Entrenched Statism with a Human Voice?8: Bianca Selejan-Gutan: Cultural Rights of Migrants: Living Together in Dignity?9: Eva Brems: Islamophobia and the ECtHR: A Test-Case for Positive Subsidiarity for the protection of Europe's long term migrants?Part IV. STAGES OF MIGRATION AND THE EUROPEAN COURT OF HUMAN RIGHTS10: Kristina Hatas: Stages of Migration and the European Court of Human Rights: A Case List