ECtHR
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Introduction The preceding parts of this series have examined the substantive and procedural protections afforded by the Convention against expulsion: the absolute prohibition of refoulement under Article 3 (Part I); the protection of private and family life under Article 8 (Part II); the procedural safeguards under Articles 5, 13, and — where applicable — 6…
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Introduction The procedural safeguards examined in Part III — Articles 5, 13, and 6 ECHR — apply in principle to any foreign national facing expulsion. The Convention system, however, accords a further, more specific tier of procedural protection to a defined category of persons: aliens lawfully resident in the territory of a Contracting State. Article…
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Introduction The preceding parts of this series have examined the substantive protections available to expelled foreign nationals under Articles 3 and 8 ECHR. Substantive protection, however, cannot operate in isolation: it must be accompanied by effective procedural safeguards enabling the individual to assert their rights in practice. An individual facing expulsion must not only know…
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Introduction Part I of this series examined the absolute prohibition on expulsion under Article 3 ECHR and the operation of the non-refoulement principle. Article 3, however, addresses only one dimension of Convention protection against expulsion: the risk of ill-treatment in the receiving country. In many cases, expulsion engages a distinct and equally fundamental concern —…
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Introduction to the Series In international human rights law, the concept of “refugee” has not acquired a binding and uniform legal definition. Nevertheless, for the purposes of enjoying the fundamental rights guaranteed by the European Convention on Human Rights (ECHR), any person within the jurisdiction of a Contracting State — regardless of nationality — may…
Yavuz Fırat 