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This comprehensive overview of norms on human rights and migration sets out migrants' rights, protected under existing international law and based on the 1948 Universal Declaration of Human Rights and core human rights conventions, and subsequent affirmations.
By combining treaty rights and soft law instruments, this compendium provides a complete, up to date and unique overview of the existing norms related to migration in the field of human rights. It sets out migrants' rights, protected under existing international law and based on the 1948 Universal Declaration of Human Rights (UDHR) and the core human rights conventions. Where the rights set out in this convention do not stand on their own, this reference work provides an evident connection drawn between them, as virtually all of the migrants' human rights are protected under one or more of the conventions. This work provides a unique overview of the Articles of these core international human rights instruments which manifestly grant rights to individual migrants and making clear cross-connections between the provisions of the core human rights treaties. Additionally, organs of global international organisations, such as the United Nations General Assembly, continue to reaffirm the importance of the provisions of the human rights treaties in their resolutions, declarations or decisions. By articulating specific plans of action for the proper implementation of the binding human rights provisions, this legal source, also known as soft law instruments play an important role in this compendium. These treaty rights and soft law instruments combined make that this reference work provides for an all-inclusive overview of existing migrants' human rights. By regularly updating this work to the latest developments in international human rights and migration law, it remains to be a comprehensive booklet suitable for scholars, students, governments and practitioners alike.
Provides an up to date and all-inclusive overview of existing migrants' human rightsCombines treaty rights and soft law instrumentsIncludes a unique overview of Articles of core international human rights instruments
Auteur
Coen van Vulpen (LL.M) is a legal professional from Utrecht, the Netherlands, with a background in Public International Law and diplomacy. He has been working as a legal officer at the Dutch Ministry of Foreign Affairs and the St. Maarten government. Currently he has committed himself as a policy adviser to the Dutch Ministry of Security and Justice, playing a coordinating role in Caribbean affairs. On a project basis, he is involved with activities at the Ministry of Interior and Kingdom Affairs. He holds a Masters' Degree in Public International Law at Leiden University with minors in conflict resolution and diplomacy. Additionally, he studied at the University of California, Hastings College of the Law and Utrecht University and the University of East London. He has been actively associated with the Foundation The Hague Process on Refugees and Migration (THP), working on topics relating to human rights and migration.
Sander Lugtenburg (1978) studied Law (specialization Public International Law) and History (specialization Colonial History) at Leiden University, the Netherlands. He is currently working as a law clerk of the Supreme Court of the Netherlands. Sander also actively volunteers in a non-profit organization supporting education for ethnic minorities living on the Thai-Myanmar border. He has been associated with The Hague Process on Refugees and Migration Foundation (THP) since 2009, working on topics relating to human rights and migration.
Contenu
Right to life.- Freedom from torture and cruel, inhuman or degrading treatment.- Freedom from slavery.- Prohibition of imprisonment because of inability to fulfil a contractual obligation.- Safeguards on legality in the field of criminal law.- Right to be recognized as a person before the law.- Right to freedom of thought, conscience and religion.- Right to equal protection by law.- Non-discrimination / Right to equal and effective protection against discrimination.- Right to self-determination.- Right to peace, liberty and security of person.- (Procedural) safeguards against expulsion and extradition.- Safeguards against arbitrary arrest.- Freedom from exploitation, violence and abuse; respect for integrity of person.- Right to freedom from and protection against interference.- Right to privacy.- Right to freedom of opinion and expression.- Right to name and identification.- Right to freedom of association.- Right to peaceful assembly.- Right to effective remedy, equality before court.- Right to procedural guarantees.- Right to form and join trade unions.- Right to participation in political life and access to public service.- Government protection, consular assistance and right to information.- Right to freedom of movement.- Right to leave and return to any country, including one's own.- Right to work.- Right to just and favourable conditions of work.- Free choice of employment.- Right to rest and leisure.- Taxation and exemption from import and export duties/ taxes.- Right to social security.- Right to public health, health protection, enjoyment of the highest attainable standard of physical and mental health.- Right to education and (vocational) training.- Right to marry, found a family and choice of spouse.- Protection of the family, family as fundamental unit of society.- Family reunification.- Right to housing, adequate standard of living.- Right to own property, to inherit and to obtain financial credit.- Right to transfer earnings and savings, personal effects and belongings.- Cultural rights and participation in cultural life/ living.- Optional Protocols.