Comparing Immigration Detention in Britain and France: A Matter of Time?

Bosworth, M and Vannier, M (2016) “Human Rights and Immigration Detention in France and the UK.” European Journal of Migration and Law. 18(2) Forthcoming

Criminal Justice, Borders and Citizenship Research Paper No. 2732868

15 Pages Posted: 17 Feb 2016

See all articles by Mary Bosworth

Mary Bosworth

University of Oxford - Faculty of Law; University of Oxford - Border Criminologies

Marion Vannier

University of Manchester - School of Law

Date Written: 2016

Abstract

In this article, we explore the human rights implications of immigration detention in Britain and France by focusing on duration. In so doing, we show how practices in both systems fail to meet basic human rights protections, raising urgent questions about the legitimacy and justification of these sites of confinement. Whereas in the UK problems arise from the absence of a statutory upper time limit to detention, in France it is the brevity for which foreign nationals may be held that raises humanitarian concerns. In the UK, the uncertain duration of detention makes it difficult for detainees to obtain or retain legal advice. Those who are held for long periods of time struggle to maintain their right to family life, while most find the lack of clarity about the period of their confinement hard to endure. In France, where most detainees are released or deported within a matter of days, it is often difficult to access due process and legal protections in time. This brief period of confinement before expulsion contrasts with its enduring effect on their family ties and future. Drawing on policy documents, law, and the limited body of empirical material available on these carceral sites, we map the similarities and differences between them in order to identify the limits as well as some prospects of human rights in immigration detention.

Suggested Citation

Bosworth, Mary and Vannier, Marion, Comparing Immigration Detention in Britain and France: A Matter of Time? (2016). Bosworth, M and Vannier, M (2016) “Human Rights and Immigration Detention in France and the UK.” European Journal of Migration and Law. 18(2) Forthcoming; Criminal Justice, Borders and Citizenship Research Paper No. 2732868. Available at SSRN: https://ssrn.com/abstract=2732868

Mary Bosworth (Contact Author)

University of Oxford - Faculty of Law ( email )

University of Oxford - Border Criminologies ( email )

Manor Road Building
Manor Rd
Oxford, OX1 3UQ
United Kingdom

Marion Vannier

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://https://www.research.manchester.ac.uk/portal/marion.vannier.html

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