Jump to ContentJump to Main Navigation
The Human Rights of Migrants and Refugees in European Law$
Users without a subscription are not able to see the full content.

Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2020

The Human Rights of Migrants and Refugees in a Pluralist Setting

The Human Rights of Migrants and Refugees in a Pluralist Setting

Chapter:
(p.41) 2 The Human Rights of Migrants and Refugees in a Pluralist Setting
Source:
The Human Rights of Migrants and Refugees in European Law
Author(s):

Cathryn Costello

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199644742.003.0002

This chapter sets out an approach to overlapping human rights protections, which takes into account the institutional specificities of different regimes. It might seem desirable to ensure a harmonious approach between the ECHR and EU systems as regards migrants’ rights. Why should a migrant be treated differently as regards her human rights depending on whether an issue happens to be regulated by EU law or not? This chapter aims to bring together the various legal and institutional reasons why EU law should take a different approach to the ECHR, and overcome some of the limitative features therein. I do not suggest that the EU ignore, undermine, or sideline the ECHR; quite the contrary. My prescription is for a constructive engagement between the two systems: ‘constructive human rights pluralism.’

Keywords:   EU, asylum, immigration, refugees, human rights, international refugee law, pluralism, Court of Justice of the European Union, European Court of Human Rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .