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4.2 Interdisciplinarity
(2024)
Resettlement
(2023)
This chapter discusses the dialectic relationship of general principles and the evolution of human rights in the EU legal order. Human (or fundamental) rights are of specific signifcance for general principles as an area of reference in a number of ways: in regard to the methodology of defining and identifying general principles; their link to constitutional values of the EU, the relationship between different sources of human rights in the EU; the relationship between unwritten general principles and a codified source; the specific, active and multidimensional dynamics of general principles in the context of fundamental rights; the relationship of general principles in the area of fundamental rights with their codification in the EU Charter on Fundamental Rights; and their possible continued relevance for courts in adjudicating human rights in the UK in post-Brexit.
Turkey
(2020)
This contribution takes Turkey’s use of the derogation mechanism in the aftermath of the failed military coup of 15 July 2016 as a springboard to critically address the operation and the fallacies of the contemporary European derogation regime. The assessment will reveal whether the European system of human rights protection has succeeded in adopting an adequate and viable approach that can counterbalance the increased leeway accorded to derogating states, and formulate safeguards to mitigate human rights abuses. The contribution concludes by providing a road map proposal for adequate oversight marked by rigorous scrutiny of derogation claims that can be described as a ‘consultation and cooperation process’. This process would place the Secretary General of the Council of Europe in a more active and operationally focused position to influence state decisions, to counterbalance the increased leeway accorded to derogating states, and to formulate safeguards to mitigate human rights abuses.
This chapter analyses IOM’s practices and policies on immigration detention from the 1990s to date, spanning a period of significant change in its approaches to detention. The chapter first distills pertinent international human rights law (IHRL) on migration-related detention, and then examines IOM’s normative statements concerning detention. It shows that while IOM generally emphasises international legal standards, it also tends to stress states’ ‘prerogative’ to detain, frame alternatives to detention (ATDs) as a desirable option rather than a legal obligation, and weave an operational role for itself, notably through assisted voluntary returns (AVRs). The chapter then interrogates IOM’s involvement in detention through four case studies. These reveal not only IOM’s changing role regarding detention, but its enduring part in a global system whereby powerful states and regions seek to contain protection seekers ‘elsewhere.’ The chapter concludes that, without constitutional and institutional change to ensure it meets its positive human rights obligations, and deeper critical reflection on its humanitarian duties, IOM’s practice risks expanding and legitimating detention.