International Journal on Minority and Group Rights
Volume 22, Issue 1, 2015, Pages 39-67

The ECHR and the protection of irregular migrants in the social sphere (Review)

Da Lomba S.
  • a Law School, University of Strathclyde, United Kingdom

Abstract

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants' poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants' social rights. Having reached the conclusion that international adjudication can help protect irregular migrants' social rights, I examine the 'social dimension' of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere. © 2015 by Koninklijke Brill NV, Leiden, The Netherlands

Author Keywords

European Convention on Human Rights social rights Irregular migrants

Index Keywords

human rights United Kingdom immigration policy immigrant

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84929159717&doi=10.1163%2f15718115-02201002&partnerID=40&md5=d0e92b78627bf08a5bc28df451c1c300

DOI: 10.1163/15718115-02201002
ISSN: 13854879
Cited by: 1
Original Language: English