What is it about?
For this article I have analysed all judgments of the European Court of Human Rights about poor living conditions of asylum seekers. These judgments have often been criticized for not being consistent and/or for not providing migrants with enough protection. I analyse the judgments from a new perspective, freedom as non-domination, and argue that seen through this lens, the judgments are consistent and provide important protection. I also argue, however, that the judgments can be improved to offer more robust protection against domination.
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Why is it important?
It helps to understand the case law of the European Court of Human Rights better, which is important for both academics and human rights law practitioners.
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This page is a summary of: The Right Not to be Dominated: The Case Law of the European Court of Human Rights on Migrants’ Destitution, Human Rights Law Review, June 2019, Oxford University Press (OUP),
DOI: 10.1093/hrlr/ngz012.
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