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The ties that bind: family and private life as bars to the deportation of immigrants

Published online by Cambridge University Press:  30 April 2012

Yaël Ronen
Yaël Ronen*
Affiliation:
Sha'arei Mishpat College, Israel
*
yael.ronen@mail.huji.ac.il
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Abstract

This article analyses the way in which the use of the rights to family life and to private life has evolved as a bar to the deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention on Human Rights and Fundamental Freedoms, which uses a rights-based framework; and of the UN Human Rights Committee (HRC) with respect to the International Covenant on Civil and Political Rights, which uses a status-based framework. It notes the interaction between the two bodies and the attempt in each forum to modify its normative framework to follow the other's. The article further considers the implications of each normative framework for both integrated immigrants and other immigrants.

Type
Articles
Information
International Journal of Law in Context , Volume 8 , Special Issue 2: Family – An International Affair , June 2012 , pp. 283 - 296
Copyright
Copyright © Cambridge University Press 2012

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