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The Ecthr: Detention As A 'Necessary Adjunct' To An 'Undeniable Sovereign Right'?

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Chapter Summary

The special position of European Court of Human Rights (ECtHR) in Europe makes it an exemplary site to conduct an analysis of the way in which national states are in a real sense restrained by international legal norms that aim at the protection of the human rights of immigration detainees. This chapter focuses on substantive conditions that need to be fulfilled in order for a state to have lawful recourse to immigration detention. It examines how the Court interprets the prohibition on arbitrary deprivations of liberty in the immigration context. The chapter presents Court's case law in field lacks considerations of proportionality and necessity. It discusses that the Court's case law on immigration detention exemplifies the limits of the contemporary European system for the protection of human rights when it comes to those who are 'out of place' in the global territorial order.

Keywords: comtemporary European system; Court's case law; European Court of Human Rights (ECtHR); immigration detention; liberty



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