Irregular Migrants in Europe: Deprivation of Status as a Type of State-Imposed Vulnerability
F. Ippolito and S. Iglesias Sánchez (eds). Protecting Vulnerable groups, The European Human Rights Framework (Hart Publishing, Oxford) 2015. https://www.bloomsbury.com/uk/protecting-vulnerable-groups-9781849466851/
25 Pages Posted: 20 Dec 2021
Date Written: 2015
Irregular migrants are undoubtedly a vulnerable group from a factual point of view. Nonetheless, whether they can be conceptualised as a vulnerable group, from a legal point of view under European law, remains a much more debated issue. The legal implications of the recognition of a vulnerable group, from a legal point of view, are far-reaching, and seem to be somewhat at odds with the policy objective of fighting illegal migration. With a focus on this tension, this chapter will provide a systematic and critical account of the legal engagement of the Council of Europe and the European Union with the status of irregular migrants, as a different and autonomous issue with respect to the 'fight against illegal migration'.
Keywords: irregular migrants, vulnerable groups, vulnerability, Council of Europe, European Union, CJEU, Court of Justice of the EU, ECtHR, European Court of Human Rights, European Convention of Human rights, European Social Charter, European Social Committee
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