Strengthening the Protection of Stateless Persons from Arbitrary Detention in Immigration Control Proceedings

Strengthening the Protection of Stateless Persons from Arbitrary Detention in Immigration Control... There is a growing movement (globally and in Europe) addressing statelessness, and the July 2014 decision of Kim v Russia illustrates the role of the Strasbourg Court as a guardian of one of the most important fundamental rights of the ‘legally invisible’ in Europe. The court held that Russia’s two-year detention of a stateless person with a view to expulsion violated his right to liberty and security under Article 5(1) of the European Convention of Human Rights. This comment argues that Kim v Russia represents an important step forward by the Strasbourg Court in safeguarding the stateless person’s right to liberty and security of person under echr doctrine, by highlighting and addressing the special vulnerability of stateless persons to prolonged, indefinite and cyclical detention in immigration control proceedings, although the court should have gone further and indicated general measures explicitly recommending for Russia to introduce statelessness determination procedures. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Strengthening the Protection of Stateless Persons from Arbitrary Detention in Immigration Control Proceedings

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Publisher
Brill | Nijhoff
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
Subject
Case Report
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/15718166-12342081
Publisher site
See Article on Publisher Site

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