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Whose Rights and Which Rights? The Continuing Story of Non-Refoulement under the European Convention on Human Rights

Whose Rights and Which Rights? The Continuing Story of Non-Refoulement under the European... <jats:sec><jats:title>Abstract</jats:title><jats:p>This article challenges the assumption that under the European Convention of Human Rights only Articles 2 and 3 bear relevance in cases of refoulement. By unraveling the explicit and implicit principles applied by the European Court of Human Rights and elaborating upon earlier theoretical attempts to ascertain the impact of the Soering judgment on extradition and expulsion cases, it is argued that there is no clear dichotomy of rights within the European Convention and that the higher threshold for applying Convention standards to cases of expulsion in which maltreatment is suffered in the receiving country is dependent on the notion of a 'fundamental value'. Albeit a somewhat nebulous concept, this notion is likely to encompass not only Articles 2 and 3, but also norms protected by other provisions, or at the least certain intrinsic components of those other provisions.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Whose Rights and Which Rights? The Continuing Story of Non-Refoulement under the European Convention on Human Rights

den Heijer, Maarten
European Journal of Migration and Law , Volume 10 (3): 277 – Jan 1, 2008
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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
DOI
10.1163/157181608X338171
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>This article challenges the assumption that under the European Convention of Human Rights only Articles 2 and 3 bear relevance in cases of refoulement. By unraveling the explicit and implicit principles applied by the European Court of Human Rights and elaborating upon earlier theoretical attempts to ascertain the impact of the Soering judgment on extradition and expulsion cases, it is argued that there is no clear dichotomy of rights within the European Convention and that the higher threshold for applying Convention standards to cases of expulsion in which maltreatment is suffered in the receiving country is dependent on the notion of a 'fundamental value'. Albeit a somewhat nebulous concept, this notion is likely to encompass not only Articles 2 and 3, but also norms protected by other provisions, or at the least certain intrinsic components of those other provisions.</jats:p> </jats:sec>

Journal

European Journal of Migration and Law – Brill

Published: Jan 1, 2008

Keywords: EXTRADITION; FUNDAMENTAL RIGHTS; EXPULSION

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