Immigration Detention under the Global Compacts in the Light of Refugee and Human Rights Law Standards

Majcher, Izabella

doi:10.1111/imig.12641

Cited by 6 publications

(3 citation statements)

References 18 publications

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“…In spite of the European Union (EU) “Return Directive” (The European Parliament and the Council of the European Union, 2008), the Global Compact on Refugees [UN High Commissioner for Refugees (UNHCR), 2018], the Global Compact for Safe, Orderly and Regular Migration (GCM) (UN General Assembly, 2018) and international guidelines mandating that detention should be the exception and not the norm [UN High Commissioner for Refugees (UNHCR), 2012], immigration detention is mostly used to facilitate deportation [European Migration Network, 2014; Association for the Prevention of Torture (APT), UN High Commissioner for Refugees (UNHCR) and International Detention Coalition (IDC), 2014; Apap, 2016]. Immigration detention is no longer an exceptional response to irregular entry or stay, has become routine and is increasingly “an established policy apparatus based on dedicated facilities and burgeoning institutional bureaucracies” [Apap, 2016; UN Working Group on Arbitrary Detention (WGAD), 2018; Majcher, 2019]. As the European Court of Human Rights (ECtHR) consistently refuses to apply the principle of necessity and proportionality requirements under Article 5(1f), “the right to liberty and security of person” (see Chahal v. the United Kingdom , ECtHR, 1966), thousands endure arbitrary detention each year (Apap, 2016).…”

Section: Introductionmentioning

confidence: 99%

Human rights violations, detention conditions and the invisible nature of women in European immigration detention: a legal realist account

Hout

2021

IJPH

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Purpose The purpose of this paper was to conduct a legal realist assessment of women’s situation in European immigration detention which focuses on relevant international and European human rights instruments applicable to conditions and health rights in detention settings, academic literature and relevant European Court of Human Rights (ECtHR) jurisprudence since 2010. Design/methodology/approach In spite of the United Nations human rights frameworks and European Union (EU) standards, conditions in European immigration detention settings continue to pose a health risk to those detained. Migrant health rights when detained are intertwined with the right not to be subjected to arbitrary detention, detention in conditions compatible for respect for human dignity and right to medical assistance. Migrant women are particularly vulnerable requiring special consideration (pregnant and lactating women; single women travelling alone or with children; adolescent girls; early-married children, including with newborn infants) in immigration detention settings. Findings The situation of women in immigration detention is patchy in EU policy, academic literature and ECtHR jurisprudence. Where referred to, they are at best confined to their positionality as pregnant women or as mothers, with their unique gendered health needs ill-resourced. ECtHR jurisprudence is largely from male applicants. Where women are applicants, cases centre on dire conditions of detention, extreme vulnerability of children accompanying their mother and arbitrary or unlawful detention of these women (with child). Originality/value Concerns have been raised by the European Parliament around immigration detention of women including those travelling with their children. There is a continued failure to maintain minimum and equivalent standards of care for women in European immigration detention settings.

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Section: Introductionmentioning

confidence: 99%

Human rights violations, detention conditions and the invisible nature of women in European immigration detention: a legal realist account

Hout

2021

IJPH

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“…Ferris and Donato, 2019;Newland, 2019;Klein Solomon and Sheldon, 2019;Ferris and Martin, 2019;Guild, 2018;Vitorino, 2019;McAdam, 2019;Rother and Steinhilper, 2019;Wouters and Wauters, 2019). The second to assessments of the content of the Compacts from different thematic perspectives such as human rights (Gest et al, 2019;Guild et al, 2019;Hujo, 2019;Delgado Wise, 2018b); the facilitation of mobility (Costello, 2019;Crépeau, 2019); detention (Majcher, 2019); forced migration (Jubilut & Casagrande, 2019); labour markets (Martin and Ruhs 2019); travel security (Koslowski, 2019); climate (Warner, 2018) and gender (Hennebry & Petrozziello, 2019). The third category captures literature that reflects on the (potential) impact of the Compacts from a geographical perspective (c.f.…”

Section: Introductionmentioning

confidence: 99%

“…The main argument is that the GCM represents the interests of proponents of the migration management frame to 'depoliticise migration, obfuscate the existence of divergent interests, asymmetries of power or conflicts, avoid obligations imposed by international law and promote the idea that managing migration can be beneficial for all stakeholders: countries of destination, countries of origin, migrants themselves and their families' (Delgado Wise 2018b, p.1-2). The main fear is that the non-binding nature of the Compacts allows states to retract from existing commitments and thus weakens normative instruments and ushers in a new form of international organization which reflects the interests of the world's most powerful states (Gammeltoft-Hansen, 2019;Ferris and Donato, 2019;Gest, Kysel, and Wong, 2019;Gilbert, 2019;Majcher, 2019). As Gammeltoft-Hansen (2019) noted, 'the compact as a choice of instrument tends to place emphasis on political and practical cooperation as opposed to legal commitments' (p.606).…”

Section: Introductionmentioning

confidence: 99%

International organizations and global migration governance

Lebon

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Recent years have seen migration rise to the top of political agendas around the world. A series of 'migration crises' in 2015 demonstrated the limits of the existing international architecture leading states to reconsider the global response to migration. In October 2016, in addition to the International Organization for Migration (IOM) joining the United Nations (UN), 193 UN Member States unanimously agreed upon the New York Declaration (NYD) at the closing of the High-Level Summit to Address Large Movements of Refugees and Migrants, to commit themselves to negotiate two Global Compacts by 2018, one on migration and the other on refugees. This decision commenced two years of consultations and negotiations, which concluded with the adoption of a Global Compact on Refugees (GCR) and a Global Compact for Safe, Orderly and Regular Migration (GCM) in December 2018. By bringing IOM into the UN system and endorsing a comprehensive set of, albeit non-binding, commitments, states acknowledged migration as a global governance issue and accepted the necessity of institutionalizing migration within the UN. Next to the migration crises of 2015, which provided the necessary 'window of opportunity' to pursue institutional change, however, this dissertation argues that reframing migration as a development issue by the UN was key to the process of institutionalizing migration into the UN. The inclusion of migration in the Sustainable Development Goals (SDGs) in 2015 was a key milestone securing consensus among UN Member States that migration, an issue previously held at arms-length from the UN, was indeed relevant to its mandate. Hence, the dissertation investigates how migration became a global governance issue, and the role played by the UN in this process.Building on theoretical insights from the Advocacy Coalition Framework (ACF), and the methodological principles of process-tracing, the dissertation tells the story of how migration has evolved as a global policy issue since 1919. Framing analysis is used to analyse the different ways that migration has been framed, by whom, and to what end. Drawing on interviews with 43 key protagonists, actors involved in global-level discussions on migration, and the UN archives, the dissertation explores four case studies that shed light on how IOs have influenced global migration governance:1) the creation of the Global Forum on Migration and Development (GFMD) (Chapter 5); 2) the inclusion of migration in the Sustainable Development Goals (SDGs) (Chapter 6);Last but by absolutely no means least. To my incredible husband, Remco, who has weathered many storms in the making of this book. Zelfs je naam is mooi.x Table of ContentsABSTRACT .

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Using detention to talk about the elephant in the room: the Global Compact for Migration and the significance of its neglect of the UN Migrant Workers Convention

Grange¹,

Majcher

2020

International Journal of Law in Context

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The paper discusses the (unsteady) evolution of multilateral processes on migration since the 1980s, with a focus on immigration detention as a growing response to migratory movements. It identifies distinct periods leading up to the Global Compact for Migration (GCM). The paper exposes double standards in the treatment of migration at the UN and beyond, connected with states’ view of migration as a toxic topic. While the GCM put the issue of migration back on the global agenda, the paper argues against the claim that the GCM is the first-ever inter-governmentally negotiated agreement covering all dimensions of international migration. This description better fits the 1990 Migrant Workers Convention. Furthermore, the paper illustrates how the GCM poses a threat to human rights protection in the area of migration: given its focus on co-operation and a state-led non-binding approach, it may overshadow existing international norms and widely endorsed standards monitored by UN bodies.

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Immigration Detention under the Global Compacts in the Light of Refugee and Human Rights Law Standards

Cited by 6 publications

References 18 publications

Human rights violations, detention conditions and the invisible nature of women in European immigration detention: a legal realist account

Human rights violations, detention conditions and the invisible nature of women in European immigration detention: a legal realist account

International organizations and global migration governance

Using detention to talk about the elephant in the room: the Global Compact for Migration and the significance of its neglect of the UN Migrant Workers Convention

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