How do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration. The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments' resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context. A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.

Over the past two decades, EU Member States have regularly complained about the perceived abuse of EU law via marriages of convenience, allegedly contracted between mobile EU citizens and third-country nationals. During the pre-Brexit years, the UK had been voicing particularly strong concerns about the issue, which ultimately resulted in regulatory changes both at the EU and national level. In this book, Aleksandra Ancite-Jepifánova pursues two interrelated aims. First, she evaluates the compatibility of EU-level measures addressing marriages of convenience with EU free movement law by focusing on the Citizenship Directive. Second, she examines the regulation of the issue in UK law in so far as it concerns the residence rights of EU citizens and their family members, both pre-and post-Brexit.

The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world’s oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe’s Committee of Ministers, responsible for supervising the application of the Court’s judgments in the member states. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken down by subject-matter; and extensive summaries of key judgments handed down by the Court during the year. Selected human rights (DH) resolutions adopted as part of the Committee of Ministers’ work supervising the execution of the Court’s judgments. Enquiries by the Secretary General carried out under Article 52 of the Convention. Other work of the Council of Europe connected with the European Convention on Human Rights, carried out by the Committee of Ministers, the Parliamentary Assembly, and the Directorate General of Human Rights and Legal Affairs. Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.

This book provides a multi-disciplinary investigation of family reunification laws, policies and practices across the European Union. Family reunification – the possibility for family members to (re)unite in a country where one of them is residing – has been high on the political agenda. Building on original empirical research with families and practitioners as well as in-depth doctrinal analyses, the book explores the fragmentation of legal rules, the gaps between formal regulations and practices, and their consequences for families across borders. Different contributions in the volume point to the growing inequalities among and within applicant families, based on residence status, gender, location, citizenship and socio-economic resources, due to the family reunification regimes currently in place.The book enhances interdisciplinary dialogue by providing clear insights into the specific contribution of migration law, private international law and social scientific analyses to the study of family reunification. The book is aimed at researchers working on the topic of family reunification, as well as students of law and socio-legal studies and practitioners in the field of migration.

This highly original book provides an innovative analysis of EU migration and asylum law and its interplay with equality issues in order to assess the current integration framework for third-country nationals and to explore future scenarios in the European Context. Integration for Third-Country Nationals in the European Union focuses on the nexus between non-discrimination based on nationality and race, and the equality clauses covering different categories of regularly residing third-country nationals within EU law. It highlights the extent to which social rights that have been formally promised to non-EU citizens are enjoyed in practice. The contributing authors Ð who are both academics and practitioners Ð also consider the link between secure residence and equal treatment, highlighting on the implementation of EU Policies in aselection of Member States. Using socio-legal and comparative methods, this study provides an overview of the models of integration and social cohesion shaped by European and national actors in order to profile the present fragmented structure of European society and to discuss future possibilities. Academics, practitioners, and students interested in EU law and migration studies will find this enriching book invaluable.

Palestinians have used the language of human rights to articulate their struggle against the Israeli occupation and internationalise the injustices they face. Palestinian young people learning about human rights at school experience a dissonance between the aspirational and internationalised framework of those norms and the layers of injustice of their own lived experience. Drawing on research in the occupied West Bank, this book explores the three layers of marginalisation faced by Palestinian young people – the Israeli occupation that denies them their humanity; the Palestinian pseudo-state that denies them a voice; and patriarchal structures that deny them agency – to show how these barriers influence their understanding of, and scepticism towards, human rights. Influenced by decolonial theories, this book illuminates how space needs to be created for the counter-narratives of the oppressed in human rights discourse, which may not align with more conventional representations of human rights. It contends that human rights and, by extension, human rights education in the Palestinian context (and beyond) needs to be critiqued, decolonised and ultimately transformed.

This book examines the influence of imperialism and colonialism on the formation of national identities in the Nordic countries, exploring the manner in which contemporary discourses in Nordic society are rendered meaningful or obscured by references to past events and tropes related to the practices and ideologies of colonialism. Against the background of Nordic 'exceptionalism', it explores the manner in which the interwoven racial, gendered and nationalistic ideologies associated with the colonial project form part of contemporary Nordic identities. An important challenge to national identities that can become increasingly inward looking, Whiteness and Postcolonialism in the Nordic Region sheds light on the ways in which certain notions and structural inequalities, understood as residue from the colonial period, become recreated or projected onto different groups. Presenting a variety of case studies drawn from Sweden, Finland, Norway, Greenland, Denmark and Iceland, this book will be of interest to scholars across the social sciences and humanities conducting research in the fields of race and ethnicity, identity and belonging, media representations of 'the other' and colonialism and postcolonialism.

Written by expert contributors, this book collates and explains the core elements of national security law, both substantive and procedural, and the practical issues which may arise in national security litigation.

Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.

Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT