Episode eight: The inconsistent success of migrant human rights cases in the 1990s

In this episode I discuss how the growing success of some migrants at the European Court of Human Rights saw the emergence of a case law “lottery” in the 1990s.

 

We consider the case of Berrehab about a Moroccan man who was married to a Dutch woman and who lived in the Netherlands. When the couple separated, the authorities decided to expel him despite the fact that he was seeing his daughter four times a week.

The family applied to the European Court of Human Rights and the Court found a violation of the European Convention on Human Rights in 1988. This was a first in a migrant case.

The Berrehab judgment marked a turning point as a number of verdicts deciding that expulsion breached the right to family life followed. Just a few years down the line, however, most migrants started to lose again.

This led to the case law being characterised as a lottery.

If you like my podcast click the ‘Follow’ button in bottom-right corner of your screen and enter your email address. You’ll receive each new episode when it’s posted.

To download a copy of this podcast right-click this link and choose ‘Download Linked File’ or ‘Save Link As…’.

Leave a Reply

Your email address will not be published. Required fields are marked *