Undocumented Immigrants and Their Access to Fundamental Human Rights

This book looks at the access of undocumented immigrants to fundamental human rights in the light of the provisions of the European Convention on Human Rights and their interpretation in the jurisprudence of the European Court of Human Rights. Reference is also made to other international law instruments and to the law of the European Union. Research is structured around five chapters that reflect firstly (attempts for) removal of undocumented immigrants and secondly (eventual) stay of non-deportable aliens. Chapter 1 starts by examining the right not to be subjected to torture, inhuman or degrading treatment or punishment. Chapter 2 offers an in-depth analysis of the right to liberty in relation to immigration detention. Chapter 3 looks at the right to respect for private and family life. Chapter 4 examines the right not to be subjected to slavery and forced labour as undocumented immigrants are particularly vulnerable to modern forms of enslavement and human trafficking. Finally, Chapter 5 studies in detail one concrete policy tool to ensure access by undocumented immigrants to fundamental human rights - regularization.