Hostname: page-component-cd9895bd7-jn8rn Total loading time: 0 Render date: 2024-12-26T01:13:28.782Z Has data issue: false hasContentIssue false

The ties that bind: family and private life as bars to the deportation of immigrants

Published online by Cambridge University Press:  30 April 2012

Yaël Ronen*
Affiliation:
Sha'arei Mishpat College, Israel

Abstract

This article analyses the way in which the use of the rights to family life and to private life has evolved as a bar to the deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention on Human Rights and Fundamental Freedoms, which uses a rights-based framework; and of the UN Human Rights Committee (HRC) with respect to the International Covenant on Civil and Political Rights, which uses a status-based framework. It notes the interaction between the two bodies and the attempt in each forum to modify its normative framework to follow the other's. The article further considers the implications of each normative framework for both integrated immigrants and other immigrants.

Type
Articles
Copyright
Copyright © Cambridge University Press 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Cholewinski, Ryszard (1994) ‘Strasbourg's “Hidden Agenda”? The Protection of Second-Generation Migrants from Expulsion under Article 8 of the European Convention on Human Rights’, Netherlands Quarterly of Human Rights 12(3): 287306.CrossRefGoogle Scholar
Doukas, Irenie (2008) ‘Non-Discrimination on Grounds of Nationality: The Position of “Third Country Nationals” within the EU’, Cambridge Student Law Review 4(1): 110.Google Scholar
Geesey, Patricia (1995) ‘North African Immigrants in France: Integration and Change’, SubStance 24: 137–53.CrossRefGoogle Scholar
Hannum, Hurst (1987) The Right to Leave and Return in International Law and Practice. Dordrecht: Martinus Nijhoff.CrossRefGoogle Scholar
Henckaerts, Jean-Marie (1995) Mass Expulsion in Modern International Law and Practice. The Hague: Martinus Nijhoff.CrossRefGoogle Scholar
Jagerskiold, Stig (1981) ‘The Freedom of Movement’, in Henkin, Louis (ed.), The International Bill of Rights; The Covenant on Civil and Political Rights. New York: Columbia University Press, 166–84.Google Scholar
Martinovic, Borja, van Tubergen, Frank and Maas, Ineke (2009) ‘Dynamics of Interethnic Contact: A Panel Study of Immigrants in the Netherlands’, European Sociological Review 25: 303318.CrossRefGoogle Scholar
Nowak, Manfred (2005) UN Covenant on Civil and Political Rights: CCPR Commentary, 2nd edn.Kehl: NP Engel.Google Scholar
Ronen, Yaël (2009) ‘The Status of Settlers Implanted under an Illegal Regime under International Law’, British Yearbook of International Law 80: 194263.CrossRefGoogle Scholar
Sherlock, Anne (1998) ‘Deportation of Aliens and Article 8 ECHR’, European Law Review 23: 6275.Google Scholar
Steinorth, Charlotte (2005) ‘Üner v The Netherlands: Deportation of Long-term Immigrants and the Right to Respect for Private and Family Life’, Human Rights Law Review 8: 185–96.CrossRefGoogle Scholar
Thym, Daniel (2008) ‘Respect For Private and Family Life Under Article 8 ECHR in Immigration Cases: A Human Right to Regularize Illegal Stay?’, International and Comparative Law Quarterly 57: 87112.CrossRefGoogle Scholar