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Laws 2017, 6(4), 32; doi:10.3390/laws6040032

Vulnerability and the Right to Respect for Private Life as an Autonomous Source of Protection against Expulsion under Article 8 ECHR

Law School, University of Strathclyde, Lord Hope Building, Level 3, 141 St James Road, Glasgow G4 0LT, Scotland, UK
Received: 30 October 2017 / Revised: 11 December 2017 / Accepted: 13 December 2017 / Published: 16 December 2017
View Full-Text   |   Download PDF [257 KB, uploaded 18 December 2017]

Abstract

This paper focuses on settled migrants and calls for the construction of the right to respect for private life as an autonomous source of protection against expulsion under Article 8 ECHR. I contend that, as a core part of human existence, private life warrants meaningful protection. I posit that the fact that all settled migrants have established private life in the host State brings it to the fore of Article 8 expulsion cases. This argument finds strong support in the concept of belonging and transnational migration theory; both tell us that settled migrants’ host State has become their ‘own country’. Drawing on earlier work, I reclaim vulnerability as a foundation and tool of International Human Rights Law with a view to recognising migrants within the jurisdiction of ECHR States as fully-fledged ECHR subjects and making the European Court of Human Rights responsive to their vulnerability. I make the case for absolute protection against expulsion for second (and subsequent)-generation migrants and settled migrants who have spent most of their adult life in the host State. In respect of other settled migrants, I argue that the minimum protection standard should be that expulsion is only justifiable in exceptional circumstances. View Full-Text
Keywords: ECHR; European Court of Human Rights; expulsion; international human rights adjudication; migrants; right to respect for private life; second-generation migrants; settled migrants; vulnerability; vulnerability analysis ECHR; European Court of Human Rights; expulsion; international human rights adjudication; migrants; right to respect for private life; second-generation migrants; settled migrants; vulnerability; vulnerability analysis
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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MDPI and ACS Style

Da Lomba, S. Vulnerability and the Right to Respect for Private Life as an Autonomous Source of Protection against Expulsion under Article 8 ECHR. Laws 2017, 6, 32.

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