The Ties that Bind: Family and Private Life as Bars to Deportation of Immigrants
International Journal of Law in Context, Vol. 8, pp. 283–296, Cambridge University Press, 2012
Posted: 23 Dec 2010 Last revised: 15 Apr 2015
Date Written: December 22, 2010
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 deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention of 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.
Keywords: family, private life, immigrants, deportation
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