Academics, Activists and Policy-makers
Edited by Michael J. Flynn and Matthew B. Flynn
Chapter 14: Immigration detention under international human rights law: the legal framework and the litmus test of human rights treaty bodies monitoring
The chapter discusses how the emergence of immigration detention as a global phenomenon has taken place against the backdrop of the consolidation of the international human rights and humanitarian legal regimes, raising intriguing questions about the relationship between these phenomena. Starting with the 1948 Universal Declaration of Human Rights, the global rights regime has provided the cornerstone for the protection of all individuals, including people living in foreign countries. The chapter assesses how national sovereignty and access to territory is mitigated by the universal nature and applicability of human rights and refugee protection standards. It provides a comprehensive normative framework relevant to immigration detention based on the provisions contained in the web of relevant international and regional treaties. It then assesses the implementation of these norms in various regions based on the reports of key monitoring bodies and human rights mechanisms. The authors conclude with a comparative assessment of the impact and implementation of fundamental norms, underscoring gaps in the international protection regime and highlighting how states’ responses to this regime have helped shape contemporary immigration detention policies.
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