When humans become migrants

A blog containing Marie-Bénédicte Dembour's 30 episode podcast to support her book.

Episode seventeen: What effects do we want human rights judgments to have?

If a human rights court knows that a state is going to resist a ruling of violation, should the court refrain from insisting that human rights have been violated and from ordering that the state change its ways? This episode contrasts how the Inter-American and European Courts approach this question. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/05/hrm17_what_effects_do_judgments_have-1p6506z.mp3[/podcast] (If you have problems…

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Episode twelve: The optimist says the bottle is half-empty

You may wonder why I keep stressing the weaknesses of the Strasbourg case law rather than choosing to focus on its strengths. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/03/hrm12_the_optimist_says_the_bottle_is_half-empty-13nggrc.mp3[/podcast] (If you have problems with the embedded player use this link to listen). In a nutshell, this is because I want a strong European Court of Human Rights, a court that is…

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Episode eleven: Tamils being returned to civil war

In this episode I look at another landmark human rights case from the late 1980s/early 1990s. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/03/hrm11_tamils_being_returned_to_civil_war-28deaz6.mp3[/podcast] (If you have problems with the embedded player use this link to listen). Vilvarajah v. the United Kingdom concerned five Tamil young men whose asylum application was rejected and who were returned to the Sri Lankan conflict. Their…

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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. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/03/hrm8_the_inconsistent_success_of_migrant_human_rights_cases_in_the_1990s-1cmz8or.mp3[/podcast] We consider the case of Berrehab about a Moroccan man who was married to a Dutch woman and who lived in the Netherlands. When…

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Episode seven: Strasbourg wakes up to the predicament of migrants

In this episode I discuss the moment when migrants began to be able to make successful applications to the European Court of Human Rights. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/02/hrm7_1983_strasbourg_wakes_up_to_the_predicament_of_migrants-o9l3eg.mp3[/podcast] After the Court system was set up in 1959, there were many applications from migrants, but they were either ruled inadmissible or ended on friendly settlements. The Court did not…

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Episode five: The Strasbourg reversal, or why legal technique matters

In this episode I identify an interpretative practice of the European Court of Human Rights that I call the “Strasbourg reversal”. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/02/hrm5_the_strasbourg_reversal-20e6ctl.mp3[/podcast] The previous episode introduced the Adulaziz, Cabales and Balkandali v United Kingdom case of 1985. Basically, the ruling established that migrants have no automatic right to be reunited with close family members. This…

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Episode four: Family reunion is not a right

In this episode I discuss the first migrant case to have come before the European Court of Human Rights. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/02/hrm4_family_reunion_is_not_a_right-2anbset.mp3[/podcast] Adulaziz, Cabales and Balkandali v United Kingdom (1985) considered the case of three “immigration widows” who were legally settled in the UK and wanted their husbands to join them. The women’s claim that their right…

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Episode one: Do migrants have human rights too?

In this first episode in a series of podcasts about migrants’ human rights, Professor Marie-Bénédicte Dembour discusses whether the European Court of Human rights is striking the right balance when it comes to protecting the human rights of migrants. [podcast]https://blogs.brighton.ac.uk/humanrights/files/2015/01/hrm1_do_migrants_have_human_rights_too-1nsyeg7.mp3[/podcast] While some politicians and sections of the media give the impression that migrants have too…

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