Law, Justices and Injustices
Edited by Tawhida Ahmed and Elaine Fahey
Chapter 9: Human rights protection as justice in post-Brexit Britain: a case study of deportation
Human rights protection should not be overlooked among the chaos in the UK’s complicated process of negotiating an exit from the EU. This chapter highlights this by considering the right to protection against deportation, and the divergent interpretations by the EU and UK of this right. In the EU, a robust protection against deportation underlies its provisions on citizenship, while in the UK, a presumption in favour of it applies automatically in certain situations. Therefore, the EU promotes justice for its citizens in its commitment of the right to private and family life by protecting against deportation, as opposed to automatically presuming it. Post-Brexit, EU citizens are liable to be subject to the UK’s more punitive immigration rules, and this chapter evaluates this applied in a post-Brexit Britain from the standpoint that the right to private and family life is best protected by the EU in the context of deportation.
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