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Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law

Cathryn Costello
Indiana Journal of Global Legal Studies
Vol. 19, No. 1 (Winter 2012), pp. 257-303
Published by: Indiana University Press
DOI: 10.2979/indjglolegstu.19.1.257
Stable URL: http://www.jstor.org/stable/10.2979/indjglolegstu.19.1.257
Page Count: 47
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Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law
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Abstract

Abstract The right to liberty is ubiquitous in human rights instruments, in essence protecting all individuals from arbitrary arrest and detention. Yet, in practice, immigration detention is increasingly routine, even automatic, across Europe. Asylum seekers in particular have been targeted for detention. While international human rights law limits detention, its protections against immigration detention are weaker than in other contexts, as the state's immigration control prerogatives are given sway. In spite of the overlapping authority of international and regional human rights bodies, the caselaw in this field is diverse. Focusing on the U.N. Human Rights Committee, the European Court of Human Rights, and the Court of Justice of the European Union, this Article explores how greater interaction between these bodies could produce more rights-protective standards.

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