Benedita Menezes Queiroz - Böcker

This Research Handbook examines the complex issues faced by migrants and refugees in securing their human rights. By challenging and reformulating the crisis narrative often perpetuated by states and international organizations, it provides a cutting-edge, in-depth investigation of key themes central to the human rights implications of migration.Adopting an intersectional, interdisciplinary and gendered approach, the Research Handbook identifies the human rights challenges faced by migrants and refugees, especially women, girls and LGBTIQ+ persons, as well as the complex questions faced by states and supranational institutions in addressing diversity and managing human mobility. It considers socio-economic, health, and environmental crises, such as climate change-induced displacement, through a critical lens to determine the impact of these issues on the lives of migrants. The Handbook includes an analysis of global and local solutions to the fragilities of migration and refugee protection regimes, including those expressed by migrants themselves. Ultimately, it argues that the ‘migration crisis’ rhetoric is inaccurate, and that states’ efforts ought to be directed at offering durable solutions to structural challenges ensuring respect of human rights for all.The Handbook on Migration and Human Rights is an essential resource for students and academics in international relations, migration, human rights and refugee law. Policymakers, UN and regional human rights bodies, and legal practitioners will greatly benefit from its unique insights into global and local governance.

Principally, this book comprises a conceptual analysis of the illegality of a third-country national’s stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants.The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant’s stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes.Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.