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1 - Sovereignty and the Human Rights of Irregular Migrants

Published online by Cambridge University Press:  10 September 2022

Stefano Angeleri
Stefano Angeleri
Affiliation:
Queen's University Belfast
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Summary

This chapter situates the human rights of irregular migrants within the legal frames of reference chosen for this study. This chapter contrasts the principle of sovereignty in international law with the universal personal scope of application of human rights. The tension between the two foundational principles is a major root cause of the oscillation of international and European case law on the rights of irregular migrants between sovereigntist and human-centred tendencies. The trend is also visible in relation to migrants’ entitlement and enjoyment of social rights.

Keywords

state soveregntymigrant rightsinternational lawEuropean Court of Human Rightshuman rights treaty bodies
Type
Chapter
Information
Irregular Migrants and the Right to Health , pp. 15 - 60
Publisher: Cambridge University Press
Print publication year: 2022

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