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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

Yael Ronen

Sha'arei Mishpat Academic Center, Hod Hasharon; Hebrew University of Jerusalem - Faculty of Law, Minerva Center

Date Written: December 22, 2010

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 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

Suggested Citation

Ronen, Yael, The Ties that Bind: Family and Private Life as Bars to Deportation of Immigrants (December 22, 2010). International Journal of Law in Context, Vol. 8, pp. 283–296, Cambridge University Press, 2012. Available at SSRN: https://ssrn.com/abstract=1729739 or http://dx.doi.org/10.2139/ssrn.1729739

Yael Ronen (Contact Author)

Sha'arei Mishpat Academic Center, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

Hebrew University of Jerusalem - Faculty of Law, Minerva Center ( email )

Mount Scopus, 91905
Israel

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