The reception of asylum seekers under international law
Subtitle: between sovereignty and equality
By: Lieneke Slingenberg
Series: Studies in international law -- volume 51; Studies in international law (Oxford, England) -- volume 51.
Publisher: Hart Publishing
Published: 2014
Place of publication: Oxford; Portland, Oregon
Language: eng
Number of pages: 408
ISBN-13: 9781849464826
Subjects: Right of Asylum; Law
Description: Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards - Directive 2003/9/EC and Directive 2013/33/EU - in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law
Notes: Includes bibliographical references (pages 395-406) and index.
Table of contents: title: Part I. Reception of asylum seekers in the European Union; title: EU directives on reception conditions for asylum seekers; title: Part II. Equality of treatment?; title: Equal treatment under the Refugee Convention; title: International Social Security (Co-ordination) Law; title: Non-discrimination under international human rights law; title: Part III. Full sovereignty?; title: Substantive rights under the Refugee Convention; title: Justifications under the International Covenant on Economic, Social and Cultural Rights; title: Positive obligations under the European Convention on Human Rights; title: Article 18 of the European Social Charter (Revised).