The Evolution of Humanitarian Protection in European Law and Practice

Humanitarian protection has evolved from an act of charity into a legal obligation not to remove certain categories of non-nationals.

Liv Feijen (Author)

9781108483483, Cambridge University Press

Hardback, published 1 April 2021

300 pages
17.5 x 25 x 2 cm, 0.6 kg

The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

Introduction
1. The ethical dimension of immigration policies
2. Evolution of humanitarian protection in asylum law
3. Humanitarian protection or human rights protection?
4. A humanitarian solution for persons with other recognized protection needs
5. Humanitarian protection: from an act of charity towards a legal obligation?
Conclusion.

Subject Areas: Evolution [PSAJ], Consumer protection law [LNTU], Human rights & civil liberties law [LNDC], International humanitarian law [LBBS], International human rights law [LBBR], Human rights [JPVH], Politics & government [JP], European history [HBJD]