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Law, Dignity & Socio-Economic Rights: The Case of Asylum Seekers in Europe

Law, Dignity & Socio-Economic Rights: The Case of Asylum Seekers in Europe. Dr Liam Thornton , UCD Human Rights Network.

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Law, Dignity & Socio-Economic Rights: The Case of Asylum Seekers in Europe

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  1. Law, Dignity & Socio-Economic Rights: The Case of Asylum Seekers in Europe Dr Liam Thornton, UCD Human Rights Network

  2. “[t]he treatment of aliens…has become a defining challenge to an important aspect of the moral identity of the emerging European polity and the process of European integration.” • J.H.H. Weiler(1992)

  3. Introduction

  4. Paper Structure (20 minutes) • Defining ‘asylum seekers’, socio-economic rights & rejecting language of ‘reception’ (3 minutes) • The plurality of socio-economic rights for asylum seekers: Comparative legal perspectives (12 minutes) • The Need for Clarity on Dignity (4minutes)

  5. Definition & Scope

  6. Definitions • Asylum seeker • Why socio-economic rights and not reception conditions? • My core argument: • End result of this legal plurality, has been to deny asylum seekers access to mainstream social supports

  7. Legal Plurality & Socio-Economic Rights of Asylum Seekers

  8. International Human Rights Law • Council of EuropeHuman Rights Law • European Union Human Rights Law

  9. What does this tell us? Grand pronouncements of ‘universality’ & ‘indivisibility’ of rights; of rights inhering in ‘all’, ‘everybody’ and ‘everyone’; mask the reality that states may legitimately differentiate in the protection of rights between citizens and residents on the one hand and asylum seekers on the other.

  10. The Socio-Economic Rights of Asylum Seekers: From Legal Plurality to Clarity to Dignity?

  11. Presupposition of rights protection • What is the solution? Is there any? • Speaking notes and full paper available online through www.humanrights.ie

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