Centre news
17.03.2021

Migration and the European Convention on Human Rights

New OUP book, edited by Başak Çalı, together with Ledi Bianku and Iulia Motoc, investigates where the European Convention on Human Rights as a living instrument stands on migration

This new volume in the European Society of International Law book series was edited by Başak Çalı, Professor of International Law at the Hertie School and Co-Director of the School's Centre for Fundamental Rights, together with Ledi Bianku, former judge at the European Court of Human Rights and Associate Professor at the University of Strasbourg, and Iulia Motoc, judge at the European Court of Human Rights and Professor at the University of Bucharest.

Migration and the European Convention on Human Rights, published in February 2021 by Oxford University Press, brings together contributions from experts in migration and human rights law, and current and former judges from the European Court of Human Rights. It provides a systematic framework for scrutinising past, present and future judgments and offers valuable resources for both practitioners and researchers.

The collection offers a holistic approach covering the different stages of the migration process from entry to long-term stay. Readers can delve into critiques of constitutive limitations and exclusionary trends, such as the tension between the sovereign prerogative to control borders and human rights guarantees, as well as double standards regarding the assessment of evidence. The authors also advance numerous suggestions for improvement, such as an intersectional approach and the conceptualisation of a composite right to flee. Further contributions draw attention to the vulnerability of minors, investigate access to economic and social rights, scrutinise the removal of long-term migrants, and highlight not only the procedural and substantive but also the discursive role played by the Court.

On 4 March 2021 ESIL, the Europe Society of International Law, and the Centre for Fundamental Rights hosted a book launch featuring the book’s editors: Başak Çalı, Ledi Bianku and Iulia Motoc, as well as Yuval Shany, Professor of International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem, and Vera Wriedt, PhD researcher at the Hertie School’s Centre for Fundamental Rights. The discussion was chaired by Cathryn Costello, Professor of Fundamental Rights at the Hertie School and Co-Director of the Centre for Fundamental Rights.

You can watch the book launch here: