When Humans Become Migrants

"The treatment of migrants is one of the most challenging issues that human rights jurisprudence faces today, as the controversies surrounding immigration often lead to practices that are at odds with the ethics of treating migrants as individuals worthy of human rights. This book examines the opposing ways in which the European Court of Human Rights and the Inter-American Court of Human Rights treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. the book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then - but only as a second step in its reasoning - as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants as human beings in the first instance. When Humans Become Migrants argues that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to migration. It shows how these trends formed at the courts, and assesses whether their approaches have changed over time. Ultimately it asks whether the divergence in the case law of the two courts is likely to continue, and what avenues exist in order to produce a more progressive case law at Strasbourg"--Unedited summary from book jacket.

Migrant experiences accentuate general aspects of the human condition. Therefore, this volume explores migrant's movements not only as geographical movements from here to there but also as movements that constitute an embodied, cognitive, and existential experience of living "in between" or on the "borderlands" between differently figured life-worlds. Focusing on memories, nostalgia, the here-and-now social experiences of daily living, and the hopes and dreams for the future, the volume demonstrates how all interact in migrants' and refugees' experience of identity and quest for well-being.

Includes statistics.

The first publication to outline the complex global story of human migration and dispersal throughout the whole of human prehistory. Utilizing archaeological, linguistic and biological evidence, Peter Bellwood traces the journeys of the earliest hunter-gatherer and agriculturalist migrants as critical elements in the evolution of human lifeways. The first volume to chart global human migration and population dispersal throughout the whole of human prehistory, in all regions of the world An archaeological odyssey that details the initial spread of early humans out of Africa approximately two million years ago, through the Ice Ages, and down to the continental and island migrations of agricultural populations within the past 10,000 years Employs archaeological, linguistic and biological evidence to demonstrate how migration has always been a vital and complex element in explaining the evolution of the human species Outlines how significant migrations have affected population diversity in every region of the world Clarifies the importance of the development of agriculture as a migratory imperative in later prehistory Fully referenced with detailed maps throughout

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

This book investigates the hostile environment and politics of visceral and racial denigration which have characterised responses to refugees and migrants within the UK and Europe in recent years. The European ‘migrant crisis’ from 2015 onwards has been characterised by an extremely intimidating atmosphere which denies the basic humanity of refugees and migrants. Deep rooted in Western Enlightenment trajectory, this racially-driven politics is linked to the Western theories of scientific superiority which went on to become the basis of eugenics and coloniality as part of modernity. Focusing on the ‘migrant crisis’, Brexit, and the impacts of the global pandemic, this book unpicks the waves of crises and neuroses about the ‘Other’ in Europe and the UK. The chapters analyse the rhetoric of camps, refrigerated death lorries, the notion of channel crossings and ‘accidental’ drownings, the formation of relationship with border architecture such as the razor wire, and corporeal resistance in detention centres through hunger strike. In examining such specific sites of rhetorical articulation, policy formation, social imagination, and its incumbent visuality, the chapters deconstruct the intersection of dominant ideologies, power, knowledge paradigms (including the media) as part of the public sphere and their combined re-mediation of the dispossessed humans in the shores and borders of Europe. This important interdisciplinary volume will be of interest to researchers of migration, humanitarianism, geography, global development, sociology and communication studies.

A Finalist for the 2019 Kirkus Prize in Nonfiction "Nayeri combines her own experience with those of refugees she meets as an adult, telling their stories with tenderness and reverence.” —The New York Times Book Review "Nayeri weaves her empowering personal story with those of the ‘feared swarms’ . . . Her family’s escape from Isfahan to Oklahoma, which involved waiting in Dubai and Italy, is wildly fascinating . . . Using energetic prose, Nayeri is an excellent conduit for these heart–rending stories, eschewing judgment and employing care in threading the stories in with her own . . . This is a memoir laced with stimulus and plenty of heart at a time when the latter has grown elusive.” —Star–Tribune (Minneapolis) Aged eight, Dina Nayeri fled Iran along with her mother and brother and lived in the crumbling shell of an Italian hotel–turned–refugee camp. Eventually she was granted asylum in America. She settled in Oklahoma, then made her way to Princeton University. In this book, Nayeri weaves together her own vivid story with the stories of other refugees and asylum seekers in recent years, bringing us inside their daily lives and taking us through the different stages of their journeys, from escape to asylum to resettlement. In these pages, a couple fall in love over the phone, and women gather to prepare the noodles that remind them of home. A closeted queer man tries to make his case truthfully as he seeks asylum, and a translator attempts to help new arrivals present their stories to officials. Nayeri confronts notions like “the swarm,” and, on the other hand, “good” immigrants. She calls attention to the harmful way in which Western governments privilege certain dangers over others. With surprising and provocative questions, The Ungrateful Refugee challenges us to rethink how we talk about the refugee crisis. “A writer who confronts issues that are key to the refugee experience.” —Viet Thanh Nguyen, Pulitzer Prize–winning author of The Sympathizer and The Refugees

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.