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OAMI 2080 - Human Rights and Migration

Type d'enseignement : Seminar

Semester : Autumn 2018-2019

Number of hours : 24

Language of tuition : English

Pre-requisite

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Course Description

The political salience of migration has often put aside the relevance and impacts of states' migration policies over their commitments to safeguarding human rights of immigrants and refugees. This Course will provide a general introduction of the nexus between migration and human rights. Human rights play a central role in the relationship between states and individuals. This role becomes ever more crucial when individuasl are not nationals of the state concerned.
While the international framework for the protection of the human rights of refugees is by and large well developed and consolidated, that is not the case in respect of immigrants. This Course will pay attention to the extent to which migration status influences the degree of human rights protection granted to immigrants. Equally important is whether human rights of migrants may differ from those enjoyed by nationals of the receiving state. A central issue here is that of equality of treatment and non-discrimination between immigrants and nationals, which will be examined in light of the universality underlying human rights.
The Course aims at providing an overview and in-depth understanding of the multiplicity of international, regional and European Union legal instruments, mechanisms and bodies (including Courts) for the protection of human rights of immigrants and refugees, and their scope and relevance at times of assessing states migration and asylum policies. This will include an identification of the main human rights (and international labour) standards, jurisprudence and venues for individuals to seek adjudication or complaints (effective remedies and justice) in cases of alleged human rights violations by states. The Course will also study the applicability of human rights when states policies extend extra-territorially, i.e. in the territory of third states, and the connecting factors for determining jurisdiction and responsibility.
The various sessions composing this Course will be structured around a selection of ‘key fields' and ‘areas of life' where migration and asylum management policies raise particular challenges, chiefly: borders, refugees, access to international protection, irregular and undocumented migrants, detention, expulsion (return and readmission), extraterritorial asylum and migration management, economic or labour immigration, family and private life, as well as integration and non-discrimination.

Teachers

CARRERA, Sergio (Enseignant)

Course validation

The teaching will consist of a total of twelve classes consisting of a two-hour seminar with lecture presentations. They will include discussion on practical case studies where human rights issues have reached international, regional or EU instances. The two last sessions will be dedicated to presentations.
Each student will be evaluated according to the following three criteria: 1. A brief commentary on an issue related to subjects of the course of 1.500 words (20%); 2. A written Essay on a selected topic meeting academic standards and of a maximum of 3,000 words, excluding footnotes and references (subject to be agreed with Professor) (60%); and 3. an oral presentation (made individually) (20%).

Required reading

  • 1.S. Carrera (2016), Implementation of EU Readmission Agreements: Identity Determination Dilemmas and the Blurring of Rights, Springer International Publishers.
  • 2.C. Costello (2016), The Human Rights of Migrants and Refugees in European Law, Oxford University Press.
  • 3.T. Gammeltoft-Hansen and J. Vedsted-Hansen (2017), Human Rights and the Dark Side of Globalisation: Transnational Law Enforcement and Migration Control, Routledge.
  • 4.G.S. Goodwin-Gill and J. MacAdma (2007), The Refugee in International Law, Oxford University Press.
  • 5.E. Guild, S. Grant and C.A. Groenendijk (2018), Human Rights of Migrants in the 21st Century, Routledge Focus.

Additional required reading

  • 6.J. Hathaway (2005), The Rights of Refugees under International Law, Cambridge University Press.
  • 7.V. Mitsilegas (2014), The Criminalisation of Migration in Europe, Springer.