Protection of human rights in the case of immigration related detention in the EU: Between international law and international relations

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Protection of human rights in the case of immigration related detention in the EU: Between international law and international relations

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Publication 1-year master student thesis
Title Protection of human rights in the case of immigration related detention in the EU: Between international law and international relations
Author(s) Muftic, Lamija
Date 2014
English abstract
The aim of this thesis is to explore the relation between the extent of abidance to human rights international law provisions in regard to the detention of immigrants in the countries of EU, and the motivations for doing so, as presented in the international relations theories. The principal research question is: Why are immigrants facing problems in obtaining human rights in the context of immigration related detention? The answers are implicitly found in the answers to the underlying question: Why do states crate and obey international law? Methodologically, the problematic is approached through the theoretical analysis of International Relation theories: Realist, Institutionalism, Liberalism and Constructivism. Each of these theories provides different factors as explanatory for the actions of the states, respectively: power, existence of institutions, interest of individuals and social practices. National law remains the key system in the protection of rights due to its enforceability. Despite the existence of provisions relating to the rights of aliens, national law primarily protects the rights of nationals. From the second half of the 20th century international law has developed rapidly and has influenced the development and advancement of human rights and standards. However, due to the lack of strength in its enforceability, its application is dependent of the political interest and motivation of individual states, both in their inclusion of international law provisions into their national legal systems and its enforcement, and in the use of the constellation of power in international relations in applying pressure on other states to do the same. Entities like European Union bring a new quality to this problematic, given its specific legal structure that has influenced the rethinking of national sovereignty as the uncontested authority in creating and abiding the law. Nonetheless, provision and protection of individual's rights remains tightly knit to and dependent upon citizenship.
Publisher Malmö högskola/Kultur och samhälle
Pages 73
Language eng (iso)
Subject(s) immigration, immigration related detention, International law, International relations, non-citizens
Handle http://hdl.handle.net/2043/19728 (link to this page)

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