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International Human Rights Law On Immigration Detention

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Chapter Summary

This chapter focuses on international human rights norms and their application by international bodies. It provides an outline of the international legal regime pertaining to immigration detention. The chapter presents an outline of the universal protection of the right to personal liberty as laid down in Article 9 ICCPR. It also focuses on international instruments which aim at the protection of asylum seekers and refugees as a separate category. Regional legal instruments pertaining to immigration detention are investigated by taking a look at the soft law that has developed within the framework of the Council of Europe and the binding instruments that form part of the emerging EC law on immigration and asylum. This chapter overviews some preliminary observations regarding international human rights' potential for destabilising sovereignty's territorial frame.

Keywords: asylum; Council of Europe; immigration detention; international human rights; refugees; sovereignty's territorial frame



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